Girl, 5, caught in transcontinental custody battle Couple who married in south africa and then filed for divorce are involved in a bitter fight in two courts

Girl, 5, caught in transcontinental custody battle

Couple who married in south africa and then filed for divorce are involved in a bitter fight in two courts

Even as an India-born woman, with a US citizenship, is battling with her divorced South African husband for their daughter’s custody, judges in the Delhi family court have thrown up their hands saying the court doesn’t have the jurisdiction to decide on the case. For the five-year-old girl, who is caught in this transcontinental custody battle and is waiting to get a national identity, this is a major setback. Riya Malhotra’s father Rishi is a sitting member of parliament of the Republic of South Africa. While her mother Reena made a desperate attempt in Delhi to get her custody, judge KS Mohi said the case is still sub judice in the Western Cape high court in South Africa and the Indian court has no jurisdiction over it. Reena and Rishi got married in 2004 and Reena moved to South Africa. The couple filed for divorce by mutual consent in 2010 and agreed to keep joint custody of Riya. Reena said she filed for Riya’s custody as Rishi was not taking proper care of her and living with another woman. He was also not taking good care of his sons from an earlier marriage and his uncontrolled rage and violent temper forced her to take this drastic step, Reena said. However, Rishi’s counsel, Anil Mehra, who has authored books on NRI law, opposed Reena’s plea saying, “She violated her divorce decree and conditions for the joint custody, and flew to India to fraudulently get custody of her minor daughter.” Mehra argued that Reena is not a citizen of India, holds a US passport, and has no means of livelihood. Hence, the custody of the child cannot be granted to her. “She has been living in India only for the past three months and cannot be said to be a resident of the country. The couple were married in South Africa and have been residing there since along with Riya. Even Riya is not a citizen of India and holds three passports — of India, US and South Africa. She can opt for one once she turns 18,” Mehra said. (All names have been changed to protect identities)