Supreme Court unites girl, 10, with UK-based mom after 4 years

The Supreme Court on Monday passed an order that would unite a 10-year-old Polish girl lodged in a boarding school in Shimla, Himachal Pradesh, with her UK-based mother four years after she was kidnapped and abandoned by her biological father.

A Bench headed by Justice J.S. Khehar set aside the Himachal Pradesh high court order refusing custody and directed the school to hand over the child, Julia Isabella Sobieraj, to her mother, Beater Agnieszka Sobieraj, when she comes from the UK.

The girl was abducted at the age of six in December 2012 from Leicestershire, UK, and brought to Shimla by her biological father Amarjit Singh, who is not married to the mother but is a resident of the UK. The girl was admitted and abandoned in a boarding school. The mother is a Polish national and a permanent resident of the UK.

The child’s return was stuck in obtaining the approval from the Indian government ever since Interpol Manchester informed Interpol Delhi of the abduction.

The father was arrested on his return to UK from India on March 15, 2013, and subsequently convicted and imprisoned for three years in UK on November 27, 2015.

Reunite, CAFCASS (Children and Family Court Advisory and Support Service) in the UK, that represents children in family court cases entrusted the case to advocate Pritpal Singh Nijjar. A strong case was made for the child’s return because it was a clear case of abduction and not an inter-continental parental custody dispute — which are coming up in Indian courts on a regular basis.

Armed with orders passed by the UK court, the mother filed a habeas corpus petition in the Himachal Pradesh high court, which was dismissed in March this year. The HC held that the mother will only have visitation rights and the boarding school, Alka Academy, VPO Baru Sahib, will have the custody. The high court after speaking to the child in its March order said: “She (child) specifically apprised us that she wants to continue her studies at Baru Sahib. She expressed reluctance to join her natural mother in England. She also stated that it is open for her mother to visit her at Baru Sahib for ascertaining her welfare. We consider it befitting to construe of her well being and welfare remaining intact only at Baru Sahib where she is pursuing her studies in an amicable and congenial ambience.”

The appeal, directed against this order, was allowed by the Supreme Court, uniting the child with her mother.