While adjudicating the divorce plea, the court on April 18, 2005, granted the couple joint custody of the child, stipulating that both the parties would keep the other informed about the whereabouts of the child.

The court eventually also passed the divorce decree in September 2005, incorporating its order on the child's custody in the decree, and stipulated that both the parties will have alternative physical custody of the minor child on a weekly basis.

But as per Chandran's plea, Voora brought the minor child to India and informed him that she would be living with the child in Chennai. Chandran first approached a New York family court, pointing out the violation of the state's Supreme Court order by Voora.

The New York court granted exclusive custody of the child to Chandran, but for the enforcement of the New York court's order, Chandran moved the Indian Supreme Court September 2007.

During adjudication of Chandran's plea, the apex court found that despite efforts made by police officers and officials of different states, such as senior superintendent of police (SSP), Agra, SSP Chandigarh, director general of police (DGP), Tamil Nadu, DGP, Karnataka, and commissioner of police, Bangalore City, the minor child Adithya and his mother Voora could not be traced.

'It is almost two years since the notice was issued by this court but the child could not be produced. Voora is also said to be mentally unstable and running around with the child from one state to another. In the peculiar and extraordinary circumstances such as the present one, we are of the view that central investigating agency, i.e. CBI, may be assigned the task of tracing minor Adithya Chandran,' ruled the court.

'This has become all the more necessary for the protection of health and safety of the minor,' the court said.