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You are here: Home » SC directs CBI to trace missing/abducted child

SC directs CBI to trace missing/abducted child

31 Aug 2009 By videv 1 Comment

In this judgment about abducted by parent/missing child brought from US to India, the SC has directed CBI to trace the child and produce before court in habeas corpus petition. Full judgment is available here.

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Relevant excerpt from judgment where SC comes to decision to direct CBI to trace the child. This is a good judgment against parents who abduct children from US to India and try to hide behind the slow (or maybe dysfunctional) justice system in India.

13. From the narration of aforesaid facts, it is abundantly
clear that despite efforts made by police officers and officials of
different States such as Senior Superintendent of Police, Agra ,
Senior Superintendent of Police, U.T. of Chandigarh , Director
General of Police, Tamilnadu, Director General of Police, Karnataka
and Commissioner of Police, Bangalore City , the minor child Adithya
and respondent no. 6 could not be traced and their whereabouts
could not be found. It is almost two years since the notice was issued
by this Court but the child could not be produced. Respondent no. 6
is said to be mentally unstable and running round with the child from
one State to another. In the peculiar and extraordinary circumstances
12
such as the present one, we are of the view that Central Investigating
Agency i.e., Central Bureau of Investigation may be assigned the task
of tracing minor Adithya Chandran and his production before this
Court. This has become all the more necessary for the protection of
health and safety of minor and because the police authorities of
various States are clueless about the whereabouts of respondent
no. 6 who has been moving with the child from one State to another.
14. We, accordingly, direct the registry of this Court to write a
letter to the Director, Central Bureau of Investigation requesting him
to trace minor Adithya Chandran. For the said purpose, he and the
officer nominated by him will enjoy all the powers of Police Officer
carrying out search and issue non-bailable warrants, if necessary,
and pick up minor Adithya Chandran wherever he is found without
interference from any one and to produce him before this Court with
his report.

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Related Posts

  1. Foreign courts’ jurisdiction cannot be denied in family cases
  2. SC Judgment: On directing CBI to produce missing child
  3. Favourable HC judgment relating to children and NRIs
  4. Strategy for Child Custody for Men

Filed Under: Uncategorised Tagged With: Child_Custody_Visitation, Family Law

Comments

  1. Swarup says

    August 31, 2009 at 8:30 am

    At last supreme court understand the need of Child care and helth is not safe under such women.
    Now, let all try to find our the child where about and help CBI for the same.

    Reply

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