Kerala HC declines Habeas Corpus Plea to produce Anupama child

Kerala High Court Habeas Corpus Adoption child

Alka Verma

Published On: November 3, 2021 at 10:30 IST

The Kerala High Court declined to entertain the Habeas Corpus Plea of Anupama, daughter of CPI (M) leader S Jayachandran.

In her Plea, Anupama claimed that her parents Illegally Detained her newborn daughter and gave the baby to someone else without her knowledge.

The Court stated that the child is not in any illegal custody as she is residing with her adoptive parents.

Adding to this, the High Court also stated that already a Court in Thiruvananthapuram is looking after the matter, so there is no need for the High Court to intervene in between.

“The matter was already pending before the Family Court at Thiruvananthapuram. The Family Court has taken steps to bring the child back. There is no reason why we should intervene or extend our hand in the matter,” stated the Court.

Anupama, in her Plea claimed that her parents illegally detained her child and the child missed all the basic Human Rights.

“The Petitioner gave birth on 19th October 2020. But her parents, who were in the immediate custody of the child, forcefully took the newborn away without the consent or knowledge of the petitioner,” stated the Petition.

The Petition stated that the new born baby was given to an organization named ‘Amma Thottil’, run by the Child Welfare Committee (CWC).

Anupama accused her parents of conspiring the whole situation just to hide the identity of the child as her parents didn’t approve of her relationship.

It should be noted here that on Monday, a Family Court ordered a DNA test in the said matter.

“The Court favors a DNA test to identify if the baby given up for adoption belongs to Anupama S Chandran. There is a need to examine whether the baby was abandoned or not,” ordered the Court.

The same Court also showed its dissatisfaction regarding the actions of the State Child Welfare Committee, and asked them to file a report by 20 November.

Also Read: Mother files Plea in Kerala HC claiming Illegal detention of daughter

What is the difference between Illegal Detention and Abduction?

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