LI Network
Published on: 28 July 2023 at 09:45 IST
The Bombay High Court recently reprimanded the Maharashtra Child Welfare Committee (CWC) for proceeding with the adoption of a minor child, despite the biological father seeking custody after the child’s mother had abandoned them.
A Division Bench consisting of Justice Revati Mohite Dere and Justice Gauri Godse pointed out that adoption should only be considered when both parents have abandoned the child.
The court was informed by the Assistant Public Prosecutor (APP) that the earlier order from July 21, 2023, would be revoked as it contradicted the provisions of the Juvenile Justice Act.
The APP further assured that an appropriate order would be passed on the petitioner’s custody application within 48 hours.
The petitioner in this case had eloped with a 16-year-old girl and later married her, leading to the birth of their child. Subsequently, the girl’s family registered a case against the petitioner under the Protection of Children from Sexual Offences Act (POCSO Act), resulting in his arrest. When the girl came of age, she abandoned the child and married someone else.
Upon the petitioner’s release on bail, he sought custody of his child. However, the CWC denied his application and decided to put the child up for adoption. Aggrieved by this decision, the petitioner approached the High Court.
The petitioner’s counsel argued that the child was neither abandoned nor orphaned, and therefore, the CWC had no grounds to consider adoption. The High Court, after examining the submissions, directed the CWC to rectify its actions within 48 hours, warning that the court would intervene if necessary.
The court questioned the CWC’s handling of the case, expressing concern over the committee’s apparent disregard for the biological father’s rights in the matter. The child was initially placed with foster parents before being returned to an orphanage.
The High Court further asked the CWC to clarify whether the child would be handed over to the biological parent or a third party, questioning the reasoning behind the decision to pursue adoption.
In response, the CWC assured the court that the petitioner’s application would be reconsidered, and an appropriate decision would be taken accordingly.