Mumbai: High Court orders birth mother to stay away from teenager

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The Bombay High Court has ruled in favour of a family who brought up a child after she was abandoned by her biological mother at birth. The court ruled in favour of the family as per the decision of the girl.

Justice Gautam Patel, in his order on July 24, has given clear instructions that the biological mother is not to have any access to the now 14-year-old girl until further orders. mid-day had highlighted the girl's plight in its July 8 report.

Justice Patel said, "I have met the young lady personally in my chambers. At my instance, the court staff, Mrs Chandan Bhatt and Mrs Shephali Mormare, also spoke with her. She has, from July 4, 2018, until today, been in the care [not custody] of advocate Kalpana Merchant. Merchant has provided the minor with shelter in view of certain past incidents."

The court further stated, "The young lady herself is quite emphatic that she does not want to go anywhere except to the petitioners' family and home. She is articulate, intelligent and knows her mind well. She knows where her own interests lie. Her own wishes, given her age, cannot be ignored," the judge stated. "Her custody will be handed over to the petitioners in court. I trust that they will provide the necessary protection and security for her. The fourth respondent [biological mother] is not, until further orders, to have any access to the minor," the order reads.

A copy of the order was also furnished to the police officer concerned, attached to Tardeo police station, to periodically monitor the situation and to ensure that there is no untoward incident.

Advocate Mikhail Dey, who has been following the case in HC, said, "The court has rightly considered the minor's wishes of staying with the petitioner. It has given the required protection that will assure her safety from her own biological mother, who had once attempted to abduct her from the petitioners' custody."

The case
The petitioners' family lives in a chawl at Tardeo and has been taking care of the 14-year-old girl since birth, when her biological mother had deserted her and moved out of Mumbai. "The petitioners, though, did not have any legal documentation or papers to establish the same. The child was accepted as their own and they enrolled her in a school nearby, where she was doing very well academically and had even won some awards. The petitioners have two sons, whom the girl considers her brothers," said advocate Dey.

Child under protection
Advocate Kalpana Merchant was asked by the court to allow the girl to live with her, for the child's safety, which the advocate willingly agreed to. Her biological mother had returned after 14 years and was demanding her daughter back. She had once also tried to kidnap the child. The advocate bore all costs of the child's stay with her, the court said.

Also read: Mumbai: In a rare case, court steps in to protect minor from her mother

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