A Delhi court has directed that a couple, who had given their daughter to a relative in adoption and later took her away, to face trial on charges of kidnapping.
The court of Additional Sessions Judge Sanjay Bansal said the parents have not denied that they have the girl with them and once they have given their daughter in adoption, they cannot “detain” the child with them.
The court dismissed the revision petition of the couple, residents of East Delhi, challenging the magisterial court’s order which had framed charges against them for the offence of kidnapping. “I am of the view that no error can be found in the impugned order (of magistrate). Merely because complainant witness no. 1 (adoptive grandmother) could not tell the number of the car, her testimony cannot be discarded. She has categorically deposed about the girl child being taken away by the petitioners (parents) in a car of sky blue colour. This was enough to frame charge, “ the judge said.
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The case was initially filed by the child’s adoptive father, a resident of Geeta Colony, who alleged that he had adopted the girl when she was just 28 days old and the adoption deed was registered in July 2002. He was the maternal uncle of the girl’s mother.
He said he took good care of the child, but later on, a dispute arose between the two families following which he lodged a case against the couple, which is still pending.
The man alleged that in May 2008, the couple and some others forcibly entered his house to persuade him to withdraw the case and when he refused, they threatened him. He went to the police station to lodge a case. However, he claimed that when he returned, his mother told him that they had forcibly taken away the child in a car. Following this, a case of kidnapping was lodged against the couple.
The court observed that all evidence proved that the girl’s place of residence was the house of her adoptive father. “Once it was shown that the girl child was the adopted daughter of respondent no. 2 (man), it is he alone who had custody of the said child, being her adoptive father. He may or may not be physically present at the place where the offence took place, he will always be deemed to have custody of the child,” the court said.