HC allows custody of child
MADURAI, OCTOBER 11, 2018 00:00 IST
Says the welfare of the boy is of paramount importance
The Madurai Bench of the Madras High Court on Wednesday allowed the custody of a three-year-old boy with a couple, who had adopted him without following the requisite legal procedures, after taking into account the inseparable bond that had been established between them.
The court was hearing the case of a couple from Kanniyakumari, who had adopted a boy, allegedly abandoned by his mother in a hospital. A nurse in the hospital, who was treating the couple, told them about the child and asked them whether they were willing to adopt him as his mother could not be traced.
Desperate to adopt the child and completely ignoring the procedures to be followed for adoption, the couple agreed to take care of the child. The nurse helped the couple obtain the birth certificate for the boy. The child was baptised by the couple.
However, in a twist of fate, an anonymous letter alerted the Kanniyakumari District Child Protection Officer to the illegal adoption of the child. The officer inspected the house of the couple and after ascertaining the facts lodged a complaint with the police under Section 370 (Trafficking of persons) of the IPC. The boy was taken away from the couple and handed over to the District Child Welfare Committee. However, the committee had to restore the custody of the child to the couple, as the boy refused to take food while being in its custody.
Justice N. Anand Venkatesh took cognisance of the fact that the couple in desperation to have a child had ignored the procedures for adoption. The facts were not concealed from the Child Protection Officer, the court said, and observed that to call this an offence sounded blasphemous.
The court said the welfare of the child was of paramount importance. However, it allowed the Child Welfare Committee to make a periodical visit to inspect the boy till he attained the age of five.
MADURAI, OCTOBER 11, 2018 00:00 IST
Says the welfare of the boy is of paramount importance
The Madurai Bench of the Madras High Court on Wednesday allowed the custody of a three-year-old boy with a couple, who had adopted him without following the requisite legal procedures, after taking into account the inseparable bond that had been established between them.
The court was hearing the case of a couple from Kanniyakumari, who had adopted a boy, allegedly abandoned by his mother in a hospital. A nurse in the hospital, who was treating the couple, told them about the child and asked them whether they were willing to adopt him as his mother could not be traced.
Desperate to adopt the child and completely ignoring the procedures to be followed for adoption, the couple agreed to take care of the child. The nurse helped the couple obtain the birth certificate for the boy. The child was baptised by the couple.
However, in a twist of fate, an anonymous letter alerted the Kanniyakumari District Child Protection Officer to the illegal adoption of the child. The officer inspected the house of the couple and after ascertaining the facts lodged a complaint with the police under Section 370 (Trafficking of persons) of the IPC. The boy was taken away from the couple and handed over to the District Child Welfare Committee. However, the committee had to restore the custody of the child to the couple, as the boy refused to take food while being in its custody.
Justice N. Anand Venkatesh took cognisance of the fact that the couple in desperation to have a child had ignored the procedures for adoption. The facts were not concealed from the Child Protection Officer, the court said, and observed that to call this an offence sounded blasphemous.
The court said the welfare of the child was of paramount importance. However, it allowed the Child Welfare Committee to make a periodical visit to inspect the boy till he attained the age of five.
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