Bombay High Court held that a minor child’s welfare is of upmost importance.
Holding that a minor child’s welfare is of upmost importance, the Bombay High Court on Tuesday directed the Child welfare Committee to hand over a nine-month-old child to the couple who allegedly bought her from the biological mother as she couldn't afford to rear the child.
A division bench of Justice Ranjit More and Justice Dr Shalini Phansalkar Joshi have asked the Child welfare home to hand over the custody to the child to the couple from Karnataka and asked them to complete proper adoption proceedings.
The decision was taken after the court interacted with the biological mother. She informed that apart from the present child, she had four other children and she is unable to look after them as their father had expired and her financial condition is very poor. She also told the court that she had willingly let the petitioners adopt the child in question. She also stated that she has no objection if the custody of child is given to the petitioners.
The couple who allegedly bought the child from the biological mother had moved a habeas corpus petition (produce the child in court), after the Mankhurd police which was investigating a child trafficking racket last year found the nine-month-old was sold to the couple. The police had taken the custody of the minor and shifted her to the child welfare home.
Last year while investigating a case registered under sections pertaining to kidnapping of minors, the police had busted a gang allegedly involved in child trafficking and arrested six persons, including four women for allegedly abducting children from different areas of Mumbai and selling them to people in Goa, Gujarat and Karnataka.
Public Prosecutor Mankuwar Deshmukh said “I strongly opposed the plea because such an order would send a wrong message in the society at large, thus the court has given custody to the couple only temporarily and posted the matter for further hearing to March 7, to check whether further procedure for adoption is carried out by them or not.”
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