Coming to the rescue of a father from the United States of America, the Supreme Court has directed the CBI to trace his child and produce him before the court “not later than six weeks”.
“We are of the view that Central investigating agency, i.e. CBI, may be assigned the task of tracing minor Adithya Chandran and producing him before this court. This has become all the more necessary for the protection of health and safety of minor,” observed a Bench comprising Justices R M Lodha and Tarun Chaterjee.
Dr Chandran had approached the SC in September 2007, seeking directions for production of his minor son and getting custody in compliance with the New York family court’s order. The son was allegedly brought to India by his mother after the marriage between the couple dissolved. The mother is mentally unstable and her whereabouts too are not known.
Seven-year-old Adithya, born to Dr Chandran and Vijayashree Voora in the USA, was brought to India on June 28, 2007, by his mother, claiming that she would be staying with her parents in Chennai, in apparent violation of various US court orders.
On September 8, 2005, the marriage between the two was dissolved by the US Supreme Court order and later, the Family Court in New York on June 18, 2007 gave the “legal and physical custody” of the child jointly to Dr Chandran and his wife. According to the order, both shall have alternative physical custody of the minor child on a weekly basis.
... contd.