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Wednesday, May 27, 2020

Infant with Erb’s palsy at centre of Delhi court battle

The girl, born on December 9 last year, was diagnosed with Erb’s Palsy — a condition where injury to the arm’s main nerves leaves it paralysed.

Written by Abhishek Angad | New Delhi | Updated: May 2, 2018 2:45:29 am

A city court Tuesday summoned a couple, entangled in a bitter matrimonial dispute since last three months, after it took note of the deteriorating health of their five-month-old child. It has sought to explore the “possibility of reaching a compromise” in the case.

The girl, born on December 9 last year, was diagnosed with Erb’s Palsy — a condition where injury to the arm’s main nerves leaves it paralysed. As per court records, doctors have prescribed “multi vitamins” tablets to be given to the child through breast milk, but her mother has refused to take custody of her.

“Keeping in view the peculiar nature of the facts and the paramount consideration of the child’s health, it will be prudent to explore the possibility of settlement with the respondent, so that the child do not suffer and the medicines can be administered,” the court said Tuesday.

Earlier, the High Court disposed of an application on the matter without issuing any order.

In a complaint filed on February 17 at Rajender Nagar police station, the husband claimed his wife had “deserted” him and the child on January 12 and that she was being confined by her parents against her will. A month later, his wife lodged a counter complaint, stating her husband had threatened her. In her complaint, she also stated her child was “taken away” from her, while she was told to leave.

Later, the man had filed an application in the High Court seeking his wife’s be released from his in-laws’ custody. The High Court, after questioning the child’s mother, found that she had left on her “own will and accord” on account of matrimonial disputes.

In his petition, the husband said his wife should take “custody of the child” for a period of three months, but the mother was not willing to take her custody “for any length of time,” as per court records.

“She (mother) does not deny that some medication has to be administered with the breastfeed…(but) she submits that she has allergy to the said medicines and she cannot consume the same,” Justices Vipin Sandhi and PS Teji said in their order on March 19. The high court disposed the plea stating that “no further” orders can be passed.

Recently, the father, who is a lawyer, filed a complaint in Tis Hazari Court under provisions of the Juvenile Justice Act, which deal with punishment for cruelty to child. The court subsequently sought an ATR from police. On Tuesday, police submitted that they need more facts to reach any conclusion.

Metropolitan Magistrate Abhilash Malhotra noted the father’s submission that the “health of the child” was deteriorating and requested to expedite the process as the mother was not coming forward. The court has issued notice to the mother to appear before it on May 5.

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