NRI couple's custody case sent back to US

New Delhi: Seven-year-old NRI child Aditya, caught in a bitter custody battle, will now have his fate decided in an American court.

The Supreme Court on Tuesday directed the NRI child to be sent to USA within 15 days and let the American court decide on his custody. (Watch video: Supreme Court returns NRI custody case to US)

The NRI couple was separated in America and a court there gave joint custody of the child. But the mother took the child to India in 2007 and violated the American court's order.

The Supreme Court directed Central Bureau of Investigation (CBI) to find the child after the husband approached the apex court. Two weeks ago CBI found the mother and child at Chennai and produced them in the court.  Aditya was studying in a school at Chennai.(Read: On the run for 2 years, NRI woman in police net)

The child and mother will have to reach US within the specified time frame and the travel expenses and stay will be borne by the father. If the mother fails to reach US with her son within 15 days then custody will be given to the father.

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During the last hearing, the apex court had said the welfare of the child was important and wanted parents to come to a solution.

Sobbing outside the Supreme Court, Vijayshree said, "We have tried our best. We will follow the Supreme Court order. But facts from our side didn't come out."

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Reacting to the court order, Aditya's father said, "I am happy that the Supreme Court recognised a father's rights. My son has been tutored by her mother to say things against me in court."

The apex court also said that all the cases against the mother where warrants have been issued would be withdrawn.