‘Judicially orphaned’ at 5 months, 2-year-old finally gets a home
In this post, we will discuss about the case where a 2 year old finally get a home after being Judicially Orphaned at 5 Months.
Facts of the case: The girl was born on January 8, 2019. Eight days later, an NGO ‘Childline’ informed the Child Welfare Committee (CWC) under Maharashtra government that the mother was not taking care of the child. The NGO also informed that the biological mother was willing to give up the child for adoption or keep her in some ashram. The NGO apprehended that there was a possibility of the mother selling the girl child. The CWC directed the mother to appear before it with the child once every month. But on January 22, 2019, the mother gave up her child for adoption through a notarized adoption deed in favor of Kripal Amrik Singh and his wife, who took the child to Punjab. When the NGO learnt that the child was given away for Rs 40,000 to Singh, it informed the CWC and an FIR was registered against Singh and the biological mother on June 18, 2019. The CWC directed the girl child to be handed over to Vatsalya Trust, a special adoptive agency. For the last one-and-a-half years, the Singhs have moved the CWC and the Bombay High Court repeatedly seeking custody of the child. But the HC remained firm that under the circumstances, the CWC did the right thing. The Singhs appealed against the final order of the HC in the SC.
Also Read- Custody of Children | SCC Blog
Legal Issue: Whether the 2 year old child will get a home or not.
Decision of Court: For the last one-and-a-half years, the Singhs have moved the CWC and the Bombay High Court repeatedly seeking custody of the child. But the HC remained firm that under the circumstances, the CWC did the right thing. The Singhs appealed against the final order of the HC in the SC. Appearing for the adoptive parents, senior advocate Raja Thakare told the bench of Justices Gupta and Ramasubramanian that it was very difficult for the childless couple to stay without their adopted daughter and that it would have been even more traumatic for the girl to stay in the childcare centre. Showing unusual openness to admonish the judicial system for causing the tragedy by going strictly according to the Juvenile Justice (Care and Protection of Children) Act without considering the avoidable situation the toddler was subjected to, a bench of Justices Hemant Gupta and V Ramasubramanian said, “Generally, a child is orphaned by natural events (when both parents die). But in this case, the girl was orphaned by order of the court.” It allowed the adoptive parents, Kripal Amrik Singh and his wife Balwinder Kaur, to take the child from the Mumbai childcare home by entrusting them interim custody, an order that was supported by the girl’s biological mother, who had given two versions of her pregnancy – because of rape by her employer and relationship with a friend.
Also Read- interim custody of child – Indian Kanoon
Conclusion: As per the facts of the case, A ‘judicially orphaned‘ two-and-a-half-year-old girl child, who was ordered to be kept in a childcare home in Maharashtra since she was five months old, found a home on Friday as the Supreme Court allowed the adoptive parents to take interim custody.
For case specific Advice please contact adoption lawyers advocates/Family Lawyers for child adoption, adoption under Hindu law in Chandigarh Panchkula Mohali Kharar Derabassi Zirakpur etc.
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