2009 (11) TMI 1032 - SC - Wealth-tax

Summary

Issues Involved:
1. Jurisdiction and Custody of Minor Adithya
2. Enforcement of Foreign Court Orders
3. Welfare of the Child

Summary:

Jurisdiction and Custody of Minor Adithya:
The primary issue was the custody of Adithya, a seven-year-old boy and American citizen, whose father, Dr. V. Ravi Chandran, filed a writ of habeas corpus for his production and custody. The Supreme Court of India was requested to trace Adithya and his mother, respondent No. 6, Vijayasree Voora, who had been untraceable for over two years. The CBI successfully traced and produced them before the Court. The Court had to determine whether to hand over Adithya's custody to his father.

Enforcement of Foreign Court Orders:
The Court acknowledged that multiple consent orders regarding Adithya's custody were issued by the New York State Supreme Court, granting joint custody to both parents. These orders included detailed arrangements for Adithya's upbringing and were incorporated into the divorce decree. Despite respondent No. 6's objections regarding the father's alleged deprivation of the child's rights, the Court found these objections unsubstantial as she had not pursued any legal proceedings in India to challenge the American court orders.

Welfare of the Child:
The Court emphasized that the child's welfare is the paramount consideration. Adithya's natural habitat was the United States, where he had spent his initial years. The Court noted that the child had not developed roots in India due to constant relocation by respondent No. 6. The Court concluded that returning Adithya to the United States, where the custody orders were originally issued, would be in his best interest. The petitioner provided assurances for the child's welfare, including bearing travel expenses and making living arrangements for respondent No. 6 in the U.S.

Final Order:
1. Respondent No. 6 must comply with the consent order dated June 18, 2007, and take Adithya to the U.S. within fifteen days.
2. The petitioner will bear all travel and living expenses for respondent No. 6 and Adithya.
3. The petitioner will request the dropping of warrants against respondent No. 6 and not pursue any criminal charges.
4. Respondent No. 6 must provide her Indian address and contact details to CBI and inform them of her travel plans.
5. If respondent No. 6 fails to take Adithya to the U.S., custody will be transferred to the petitioner.
6. Each party will bear their own costs.

The Court appreciated the CBI's efforts in tracing Adithya and respondent No. 6, enabling the resolution of this sensitive matter.