In a significant ruling on enforcement of court orders, the Delhi High Court has directed the Central Bureau of Investigation (CBI) to initiate the process for issuance of an INTERPOL Red Corner Notice against a UK-based Overseas Citizen of India (OCI) card holder after finding that coercive steps were necessary to secure execution of the sentence imposed in contempt proceedings. The Court passed the directions while dealing with sentencing after the respondent had earlier been held guilty of wilful civil contempt for repeatedly disobeying maintenance-related orders passed by the Family Court and the High Court.
Background of the Case
The contempt petition was filed by the woman against her former husband, alleging deliberate non-compliance with judicial directions relating to maintenance for their minor daughter.
According to the judgment, the parties married on 30 January 2005 and have a daughter, born on 14 June 2013. The daughter has remained in the exclusive custody of the petitioner. During the pendency of the contempt proceedings, the Family Court granted a decree of divorce on 6 November 2025.
The contempt proceedings arose from alleged violation of the Family Court's order dated 9 October 2023 in the guardianship proceedings and the Division Bench's order dated 28 November 2023 in an appeal, which required the respondent to continue paying interim maintenance for the welfare of the minor child.
Take CourtBook Everywhere
Access your account on the go with our mobile app.
The petitioner also alleged that despite repeated court directions, the respondent failed to make payments, did not fully disclose his financial records, and eventually refused to participate in proceedings before Indian courts.
Court's Observations
Justice Sachin Datta noted that the respondent had repeatedly failed to comply with orders passed by the Family Court, the Division Bench and the High Court. The judgment records that the respondent avoided participating in the proceedings despite several opportunities and continued to disregard judicial directions.
The Court observed:
"The respondent no. 1 is in flagrant breach of, and has shown complete disregard for, the orders passed by the learned Family Court, the Division Bench of this Court, as well as this Court."
While the respondent contended that his non-payment was due to financial incapacity and liquidation of his companies, the Court found that his overall conduct—including repeated non-compliance, concealment of financial information and refusal to participate in the proceedings—demonstrated wilful disobedience of court orders.
The Court further observed:
"The Respondent has not shown any regard towards the majesty of the court by obeying its orders. He has shown no remorse or regret for non-compliance of the aforesaid orders."
Red Corner Notice Found Appropriate
The High Court examined Articles 82 and 83 of INTERPOL's Rules on the Processing of Data governing the issuance of Red Corner Notices. It concluded that the minimum requirements under the Rules were satisfied in the present case.
The Court observed that the exception applicable to purely family or private disputes would not apply because the proceedings concerned contempt of court and enforcement of the sentence imposed.
Relying on previous decisions of the Bombay High Court and the Supreme Court where Red Corner Notices had been directed in similar circumstances, the Court held that it would be appropriate to invoke the INTERPOL mechanism to secure the respondent's presence.
Decision
Accordingly, the Delhi High Court directed the CBI to make an appropriate request to INTERPOL for issuance of a Red Corner Notice against the respondent for locating, arresting and detaining him, and to keep both the CBI and the Court informed about his whereabouts.
The Court also directed the CBI to initiate a Diffusion under Article 97 of the INTERPOL Rules. Additionally, it instructed the Foreigners Regional Registration Office (FRRO) to alert the concerned authorities so that necessary steps may be taken to secure the respondent's arrest upon his arrival in India for execution of the sentence imposed in the contempt proceedings.
The Court further directed preparation of arrest warrants and committal warrants against the contemnor and listed the matter for further consideration on 27 July 2026.
Case Details:
Case Title: SN v. TA
Case Number: CONT.CAS(C) 384/2024
Judge: Hon'ble Mr. Justice Sachin Datta
Decision Date: 1 July 2026
