The highest court in India ruled last Monday that a lower judge must re-examine whether Insiya must return to the Netherlands. This must lead to a decision within a year.
On Monday, several Dutch media, including NU.nl, reported that the Indian Supreme Court had specifically ruled that Insiya remains in India.
That message was based on an interpretation of the verdict, from the Indian lawyer of the girl's father, businessman Shehzad Hemani.
That interpretation was endorsed by his Dutch lawyer, Gerard Spong. "I have no reason to doubt my colleague, Mrs Neville Majra, I met her in Mumbai, a neat and knowledgeable lawyer," Spong said.
Peter Plasman, lawyer of the mother of Insiya, Nadia Rachid: "I do not like it, except that there is reason to doubt these statements by the Indian lawyer, I can not imagine that if Mr Hemani is indeed reliable lawyers in India, who would provide this information to Mr. Spong. "
According to Plasman, it is not the first time that Hemani "scatters" press information that does not turn out to be correct. According to the lawyer it is nonsense, for example, that Rachid in India is considered to be the kidnapper of the girl because she took her to the Netherlands, as the father claims. "In my opinion he is not going back for nothing."
Earlier, an Indian judge had ruled that Insiya should return to her mother in the Netherlands. On appeal, the father successfully challenged that verdict. The appeal was then lodged with the highest court against that judgment.
Mother may have Skype contact with Insiya
In the meantime, mother Nadia can contact her daughter three times a week via Skype. Plasman is hopeful that the first Skype conversation between his client and Insiya will take place in the foreseeable future.
The father may not be present during the contact between mother and daughter and the conversation may not be recorded. If Hemani does not comply with this provision in the judgment, then there is talk of 'contempt of court' (according to Plasman).
According to counsel, the verdict has not yet been handed over to the father. He therefore can not say when the first Skype contact will be made, only that it will probably be short-term.
On NPO Radio 1, mother Rachid said she would say to her daughter, "I love you and Mom misses you." Insiya was two when she was abducted, meanwhile she is four.
There is a criminal case against father and co-defendants in the Netherlands
Rachid left Insiya at the end of 2014 to the Netherlands to start a divorce procedure. The parents have been divorced for years and lived mainly in India for the kidnapping.
In 2016, the father, with help from seven accomplices, would have taken back his daughter by force. They are suspected of kidnapping in the Netherlands. In April the last two American were suspects released. They can wait for the criminal case in their own country.