HC notice to US woman on plea of estranged S African spouse

A bench of justices Sanjiv Khanna and S P Garg asked the Delhi Government and the woman to respond to her husband Philip David Dexter's petition and fixed it for hearing on December 13.

The court, meanwhile, allowed Dexter, who has come all the way from South Africa to file a case here, to meet his daughter today at the US embassy here.

It also said from November 6 to 10, Dexter would be allowed to meet his kid from 2.30 pm to 4.30 pm everyday at the Delhi High Court mediation centre and later, the father can remain in touch with her through "phone, email and skype."

Dexter, in his plea filed through lawyers Anil Malhotra and Rajat Bhalla, said their daughter was holding a South African Passport and she has been brought "illegally" by his estranged wife to India.

Dexter had married the US citizen in 2004 at a church in South Africa where she was conducting "research at University of Cape Town in South Africa", the petition said.

The girl, born on June 19, 2006 at Panaji, Goa here, also had an Indian Passport, which was valid upto September 14, 2011, has not been renewed, it said, adding that it was agreed by the spouses that they would abide by the decisions by the African courts and authorities.

"On September 23, 2010, petitioner (husband) and respondent no.2 (wife) executed consent paper to terminate marriage by irretrievable break down as per South African laws. Parties consented to divorce, joint custody and joint decision rights of (the child). None of the parties was authorised to remove (the child) from South Africa without each other's consent," it said. (More)