The CBI has booked Indian-origin Kenyan businessman Perry Kansagra for allegedly furnishing forged information in a custody battle for his son in the Supreme Court, officials said Thursday. Kansagra, who holds dual citizenship of Kenya and the United Kingdom, fought a custody battle for his son with his estranged wife in Indian courts and gave undertakings that he will abide by the conditions.
The case which started with the divorce of the businessman, five years after marriage, went up to the Supreme Court which had handed over the child's custody to Perry. At the Supreme Court, a three-judge bench headed by Justice U U Lalit directed the businessman to obtain a "mirror order" from a court in Nairobi reflecting the judgment of the Supreme Court of India.
Perry filed a purported order from the High Court in Nairobi following which the custody was given to him and he took his son to Kenya. He got the custody in 2020 from the apex court by allegedly giving a forged or wrong mirror order from the Kenyan High Court.
Later, he not only refused to obey the directions granting visitation or meeting rights to the mother but also moved the Kenyan court for declaration of invalidity of Indian jurisdictions, laws and judgments. After it came to light that the Kenyan High Court order was forged, and Perry questioned jurisdiction of Indian laws and courts in Nairobi court, the Supreme Court of India recalled its custody order.
The Supreme Court also ordered the CBI to take over the probe following which the agency has filed a criminal case for allegedly filing false affidavit to take custody of his child.
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