A division bench of Justice Revati Mohite Dere and Justice Gauri Godse had last week come down heavily on the child welfare committee (CWC) for putting the child up for adoption while rejecting an application made by the biological father seeking custody
Bombay High Court. File Pic
A woman who surrendered her baby born out of wedlock has approached the Bombay High Court seeking that the child not be handed over to the biological father as per an order issued by the State CWC. A division bench of Justice Revati Mohite Dere and Justice Gauri Godse had last week come down heavily on the child welfare committee (CWC) for putting the child up for adoption while rejecting an application made by the biological father seeking custody. The CWC later passed an order handing over the child’s custody to the father.
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The court was hearing the petition filed by the biological father seeking custody of the 18-month-old child. As per the father’s plea, he and the woman, who was 16 years old at the time, were in love and when they learnt that she was pregnant they eloped and lived together. When the baby was five months old, the couple returned home, but the woman’s father lodged a complaint and the man was arrested in case registered under the Protection of Children from Sexual Offences (POCSO) Act, the plea stated.
When the girl became an adult, she abandoned the child and married someone else. However, the petitioner came out on bail and sought the custody of his child. Advocate Flavia Agnes, appearing for the woman, on Tuesday opposed the CWC’s move of handing the child over to the father and sought to be heard. Agnes said the biological father was accused of rape. The bench, however, noted that the woman had gone with the man of her own will and had lived with him. The bench posted the matter for hearing on August 21.
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