OPENING STATEMENT

Your ladyship, I appear as the counsel for the Respondent Shivani Malhotra. My
client has been subjected to great mental anguish and legal injury by the Petitioner
who happens to be her ex-husband.

Through the examination-in-chief and cross-examination, I will establish that the

Petitioner, Mr Raj Malhotra had acted maliciously while removing the two children
from the custody of my client and in doing so has egregiously violated the decree
passed by the London Court which explicitly directed the party seeking to take the
children out of UK to apply for permission from the Court. Pursuant to this
unlawful act, my client has filed a complaint and a warrant of arrest against the
Petitioner on the grounds of unlawful taking and restraining the children outside
the UK has been issued.

It is to be noted that the Petitioner seeks to take advantage of his own wrong and
has applied for custody and guardianship on the grounds of him being a natural
guardian and it being in the interests and welfare of the children and to shield them
from the corrupting moral influence of my client being in a live-in relationship
with one Mr Ajay Khanna.

Furthermore, the Supreme Court has in a catena of judgements held that the
practice of sudden and unauthorized removal of children from one country to
another must be curbed and the Indian Courts should pay due regard to the orders
of the competent foreign courts which happen to be the London Court in this case.

EXAMINATION-IN-CHIEF OF SHIVANI MALHOTRA

1) Please introduce yourself to the Court.

My name is Shivani Malhotra. I’m a 34-year-old British citizen residing in

London. I was previously married to Raj Malhotra.

2) What was the reason for your divorce with Mr Raj Malhotra?
 Differences had arisen between us due to incompatibility. The friction grew
particularly after the birth of our children and led to frequent fights and
arguments. Thereafter we decided to dissolve our marriage.

3) As it is being claimed, are you in a live-in relationship with Mr. Ajay

Khanna?

Yes, I’m in a live-in relationship with Mr. Ajay Khanna, a divorcee.

4) Do you as a mother think that your relationship with Mr. Ajay may
have a corrupting moral and emotional influence on your children?

No. My children share a great bond with Ajay who is very loving and caring
towards them. Moreover, in a progressive city such as London, this
arrangement is very prevalent and acceptable. Furthermore, I keep a close
check on things that might affect my children adversely in any way.

5) What did you do as soon as you came to know that Raj had taken the
children to India without the permission of the Court?

I registered a complaint immediately for violation of the Court’s decree. The

London Court then issued a warrant of arrest against Raj for unlawfully
taking the children to India without the Court’s permission.

6) How was the condition of children when you met them in India?

The condition of the children was good although they were missing me a lot.
They were thrilled to see me.

7) Did you meet Raj’s parents at their home? How was Raj’s father’s
condition?

Yes, I met them when I visited their home in India. Raj’s father didn’t appear
to be unwell and was in a good state of health.
8) Did you ask Raj to return the custody of the children to you?

Yes, I demanded Raj to return the custody of the children to me. I tried to
reason with him and told him about his pending arrest warrant but he was
unwilling to do so.

CROSS-EXAMINATION OF RAJ MALHOTRA

1) What were the circumstances that led you to take such an action?

My father aged 65 years fell seriously ill on 3rd January. Around the same
time I learnt that my ex-wife Shivani had taken the children to live with her
live-in partner Ajay Khanna. Keeping in mind these circumstances I decided
to take the children along with me to Delhi.

2) There’s a gap of 7 days between your father falling ill on 3rd January
and you travelling with your children from London to Delhi on 7th
January. Why didn’t you then apply for permission from London
Court?

The urgency of reaching Delhi to be with my ailing father coupled with an

increased workload at my work place prevented me from applying for
permission from the London Court.

3) Don’t you think your malicious intent is evident from the fact that your
date of departure coincided with the date when you got the custody of
children on the weekend?

There was no malice involved in my actions. Coinciding of the these two

dates was a mere coincidence.

4) Don’t you think that at this tender age the children will miss their
mother?
 I do realise this. But I have done everything keeping in mind the best interest
of the children. Furthermore, Shivani is always welcome to come to Delhi to
meet the children.

5) Despite being an educated member of the society and being well versed
with the terms of the divorce, you decided to violate it. Why?

It was imperative for me to do so because of my father’s aliling health and to

shield my children from the corrupting moral and emotional influence of
seeing their mother stay in a live-in relationship with another man.

6) Are you aware that your actions constitute penal offence of kidnapping?

I am aware of it.

CLOSING STATEMENT

It is most humbly submitted before this Hon’ble Court that in light of the
examination-in-chief and cross-examination of the respondent and petitioner
respectively and the evidence adduced, the following emerges:

1. Firstly, as per the judgement of the Supreme Court of India in Mrs Elizabeth
Dinshaw v. Arvind M. Dinshaw & Anr., all Courts in all countries must
ensure that the wrongdoer does not gain any advantage by his wrongdoing.
The Courts should not encourage the tendency of sudden and unauthorized
removal of children from one country to another and the Judges should pay
due regard to orders of a competent foreign Court unless doing so would
inflict serious harm on the child.

2. Secondly, the petitioner has had malicious intentions from the beginning and
he is misguiding the Court by twisting and turning the facts of the case. He
has violated the terms of the divorce and abducted the children from the
lawful custody of the mother i.e. Shivani Malhotra and is absconding from
 the legal justice system of London to date. Providing custody of the children
to a man of such character is in itself a violation of the fundamental principle
of every law of guidance on this topic.

3. Thirdly, the children currently are of tender age and in need of the constant
attention of the mother. Shivani has diligently followed the terms put
forward by the London Court. The Children being UK citizens are
accustomed to the lifestyles and environment of London. The objections
raised by the Petitioner regarding the Respondent’s decision to live with a
partner are outrageous and misogynistic.

In light of aforesaid facts, arguments advanced and authorities cited, it is most

humbly prayed that this Court grant the custody of the children to the respondent
Shivani Malhotra or pass any other order as this Hon’ble Court deems fit.

For this act of kindness, the Respondent will be much obliged.

Name- Md. Tauseef Waquar

Roll No- 21309806518
Sec- F