4 min readMumbaiSep 22, 2023 08:37 PM IST
First published on: Sep 22, 2023 at 08:37 PM IST
The Bombay High Court recently held that there was no question of raising any objection on behalf of the woman who had surrendered her claim over the child, for handing the child to the biological father and there was “no impediment” in it.
The woman had objected handing over of the child to biological father claiming that he was accused of raping her when she was minor. However, the bench rejected the claim and said that there was no impediment in handing over the child to petitioner man, who had never abandoned the child and instead had made “all possible efforts” to get the custody of the child.
A division bench of Justice Revati Mohite-Dere and Justice Gauri V Godse passed a verdict on September 15, in a writ plea by the man seeking direction to the Child Welfare Committee (CWC) to produce his minor son and hand over his custody to the petitioner.
As per plea, in August 2021, the then nearly 17-year-old girl found out that she was pregnant and out of fear that her parents would come to know about her pregnancy, she ran away with the man who was 21 years old. The child was born in November 2021.
The girl’s father filed a kidnapping and rape case against the man, who was arrested and was released on bail in April 2022. The girl, citing social and financial difficulties, surrendered the child before the CWC and subsequently got married to another man.
The petitioner then 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 for adoption.
The man filed a habeas corpus plea in the HC earlier this year through advocate Ashish Dubey. The child was then put under pre-adoption foster care with prospective adoptive parents. On June 16, the CWC withdrew its December order, after which the prospective parents handed over the child to the Adoption Committee.
In July, this year, after HC expressed displeasure over conduct of CWC for putting up a child for adoption despite the child’s biological father seeking custody. The bench had said there was a need to train CWC officials.
The woman, through advocate Flavia Agnes, told the HC that the child should not be handed over to the biological father, who is accused of raping a minor and was charged under the Protection of Children from Sexual Offences (POCSO) Act.
The bench observed that Agnes was “unable to point out any provision of law, including that of the Juvenile Justice Act, which would disentitle the petitioner from getting custody of the minor child”.
The court also observed that the petitioner was living with the girl from November, 2021, when the child was born, till his arrest in March, 2022 . “The petitioner who is the biological father of the child never surrendered or abandoned the child. Instead, had made all possible efforts to get the custody of the child,” the court noted.
The court noted that there was “no impediment” in handing over the custody to him. “We find that submissions made by Agnes deserve to be rejected, the same being baseless and irrational,” the bench held and disposed of the plea.
In July, this year, after HC expressed displeasure over conduct of CWC for putting up a child for adoption despite the child’s biological father seeking custody. The bench had said there was a need to train CWC officials. (File) 
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