The Maharashtra kid Welfare Committee (CWC) came under fire from the Bombay High Court on Wednesday for placing a kid for adoption despite the father’s request for custody of the child.
According to a division bench of Justices Revati Mohite Dere and Gauri Godse, adoption won’t be a possibility until both parents have given up on the kid.
The CWC was told by the court that it was behaving in a “high handed manner” and that if it didn’t clean up its act within 48 hours, the court would be forced to issue an injunction.
Does the biological father have no rights if the mother abandoned the child? We don’t comprehend the CWC’s case management strategy. The CWC is being arrogant by doing this. Are they exempt from the law?” asked the court.
The biological father’s petition for custody of his kid was being heard by the bench.
According to the plea, the guy wed a 16-year-old female after eloping with her. They have a kid together.
The guy was detained after the girl’s family filed a complaint against him under the Protection of Children from Sexual Offenses Act.
When the daughter reached adulthood, she left the child and wed someone else.
The petitioner asked for custody of his kid after being released on bond.
However, the CWC turned down his application and offered the kid for adoption.
The petitioner’s attorney, Ashish Dubey, made the point that the infant was neither abandoned nor orphaned, hence the CWC was unable to put the child up for adoption.
“Adoption won’t be a possibility until both parents have given up on the kid…What motivates you to place the kid for adoption? Which parent—the biological or adoptive—will get the child? Judge Dere enquired.
After being first put in the custody of foster parents, the youngster was eventually returned to the orphanage.
The judges observed that the youngster would have suffered trauma as a result.
Prajakta Shinde, an additional public prosecutor, said that the CWC will review the man’s application and make the proper judgment.
On Friday, the court set the subject for a further hearing.