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 of marital property, spouse maintenance and child support. As regards custody of the minor son Adithya and parenting time, the parties consented to the order dated April 18, 2005.

4. On September 8, 2005, the marriage between the petitioner and respondent no. 6 was dissolved by the State of New York Supreme Court. Child Custody order dated April 18, 2005 was incorporated in the order. Later on a consent order was passed by the Family Court, State of New York on June 18, 2007 whereby the petitioner and respondent no. 6 were to have legal and physical custody of the minor child jointly. The consent order provided that parties shall have alternative physical custody of the minor child on a weekly basis.

5. On June 28, 2007, respondent no. 6 brought minor Adithya to India informing the petitioner that she will be residing with her parents in Chennai. The petitioner approached Family Court, State of New York for violation of the order by respondent no. 6 pertaining to visitation and custody of minor child. He also filed a petition for modification of the custody order.

6. By an order dated August 16, 2007, the Family Court, State of New York granted sole legal and physical custody of the minor Adithya to the petitioner temporarily and by a further order dated August 8, 2007 ordered respondent no. 6 to hand over custody of Master Adithya to the petitioner. It transpires that the Family Court, State of New York has issued child abuse non-bailable warrants against respondent no. 6.

7. In the month of September, 2007, the petitioner filed a writ petition before this Court praying for a writ of Hebeas Corpus for the production of minor son Adithya and for handing over the custody with his passport to the petitioner. The petitioner has alleged that the child has been illegally and unlawfully detained beyond his motherland, USA in blatant violation of orders of US Courts. In the Hebeas Corpus petition, the petitioner has impleaded Union of India, States of Tamil Nadu and Andhra Pradesh, Director General of Police of these two States, wife -Vijayashree Voora and her parents as party respondents.

8. On September 17, 2007, notice was issued to the respondents. Subsequently the petitioner informed the Court that on March 15, 2008, the respondent no. 6 abandoned her residence in Dehradun and traveled in a rented car towards New Delhi and on the way redirected herself to Agra. The next day she was last seen at the entrance of Agra Cantonment Railway Station. Based on that, this Court issued directions on April 28, 2008 to Senior Superintendent of Police, Agra and Senior Superintendent of Police, Union Territory of Chandigarh to trace the child and produce him in this Court.

9. In the affidavit filed by the Senior Superintendent of Police, Agra on September 16, 2008, i