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2009 Supreme(SC) 1506

R.M.LODHA, TARUN CHATTERJEE
V. Ravi Chandran – Appellant
Versus
Union of India – Respondent


Advocate Appeared:
For the Appearing Parties:Ms. Pinky Anand, Sr. Advocate, D.N. Goburdhan, Prabal Bagchi, Attin Rastogi, S. Thananjayan, A.T.M. Sampath, Ms. Chandan Ramamurthi, Ms. Kamini Jaiswal, Mrs. D. Bharathi Reddy, Ms. Anuradha Rustogi, Ms. Anitha Shenoy, Advocates.

Judgment

R.M. Lodha, J.

1. Should Central Bureau of Investigation be requested to trace the minor child Master Adithya Chandran in the Habeas Corpus petition filed by the father is the question presently before us?

2. Dr. Ravi Chandran -petitioner and Vijayashree Voora -respondent no. 6 got married on December 14, 2000 at Tirupathi, Andhra Pradesh according to Hindu rites. On July 1, 2002, a son - Adithya was born out of the wedlock in United States of America. The matrimonial discord arose between the petitioner and respondent no. 6 soon thereafter. Respondent no. 6 approached the State of New York Supreme Court in the month of July, 2003 for divorce and dissolution of marriage.

3. On April 18, 2005, the State of New York Supreme Court passed a consent order governing the issues of the custody and guardianship of the minor Adithya. The Court granted joint custody to the petitioner and respondent no. 6 and it was also stipulated in the order to keep the other party informed about the whereabouts of the child. On July 28, 2005, a separation agreement was entered into between the petitioner and respondent no. 6 relying on various provisions of Domestic Relations Law for distribution o




































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