CWC to Bombay HC: Custody of child surrendered by mother given to biological father

However, the bench expressed dismay over ‘highhandedness’ of the committee pertaining to reasons cited in its order allowing the petitioner’s claim. The bench said there was a need to train officials of CWC and expressed displeasure over the manner in which the Committee passed orders.

The bench noted the committee had said that the earlier order was revoked on oral directions of HC and not after application of mind. It added that CWC’s fresh order was passed without acknowledging that they were correcting their own error and the same was done without perusing HC order of July 26, which was “unacceptable.” The state lawyer then said that the CWC would correct the order and put it in proper manner.

The CWC order had stated, “as per oral direction of High Court on July 26 that the mother of child, she waived her right to take custody and there is only one biological father who has right to custody and is willing to take custody.”
A division bench of Justice Revati Mohite-Dere and Justice Gauri V Godse was hearing a plea by a man, now 21, who had run away with a 17-year-old girl and had a child. In August 2021, the girl discovered she was pregnant and out of fear that her parents would come to know about her pregnancy, she ran away with the man. The child was born in November 2021.

Later, the girl’s father filed a case of kidnapping and under charges of the Protection of Children from Sexual Offences (POCSO) Act against the man, and he was arrested in March 2022. The police recovered the victim and her infant and brought them to Mumbai. They were given shelter at an NGO, which later transferred them to CWC.

The girl, citing social and financial difficulties, surrendered the custody of her minor child in April last year. The man was granted bail by the court in the same month. He applied to meet the child and was allowed the same on humanitarian grounds. He was told that the girl did not want to give the child to him.The CWC on December 21, 2022 declared the child free from adoption. The man filed a habeas corpus plea in the HC earlier this year. The child was given for adoption on January 3, this year. On June 16, CWC withdrew its December order.

On July 21, CWC passed an order and rejected an appeal by the petitioner seeking the child’s custody for ‘ better future’ of the child.

On July 26, the bench pulled up CWC, after which it said it will consider the man’s plea for custody afresh. After perusing the fresh order, the bench said, “Whether some training should be conducted (for CWC officers). It is definitely needed.”

“Why are your officers behaving in the manner in which they are? We don’t approve of this (fresh) order….whatever you have said is incorrect. You do not want to say you made a mistake and revoke the earlier order. What sort of an order is this passing the buck on the court?” the bench added and warned of passing ‘strictures.”.
“This is sheer highhandedness of the officer…We are really worried about the functioning of the CWC,” the bench said.

Additional Public Prosecutor Prajakta Shinde on instructions stated that although order has been passed by the CWC, it would correct the same and a revised order in proper manner will be placed before the bench on Tuesday, which the bench accepted.