Bombay High Court
A court hearing of a child custody case in the Bombay High Court took a shocking turn when the mother of the child, who herself is giving up the baby pleaded that the kid should not go to the father. The child was surrendered to the state Child Welfare Committee (CWC) through which the kid could be adopted by someone. The mother pleaded that the child can be given to anyone but the father of the child.
The child custody case to be tried in Judges’ chamber
The mother was represented in court by advocate Flavia Agnes, who asked to be heard. Agnes also operates an NGO by the name of Majlis. She was questioned by the bench of Justices Revati Mohite-Dere and Gauri Godse about the mother’s desire to assert her parental authority. Agnes firmly refused, stating that the mother did not want to do so. Instead, the mother felt that the 18-month-old child should not be handed over to the “rapist” father.
Agnes further contended that because the petition included a matter involving the Protection of Children from Sexual Offences (POCSO) Act, it should be tried in private rather than in public. However, the court denied to their ask stating that this was not a “normal POCSO” case.
The case history
The 17-year-old mother and the 19-year-old father were discovered to have fled together, lived together, and had a child. The father is Hindu, and the mother is a Muslim. They were neighbours in Mumbai’s Andheri. The two got together after falling in love. They ran away from their house when the woman (who was a minor at the time) learned she was pregnant. The couple had the kid and lived together until the baby was five months old. Later, they made the decision to go back home in an effort to win the approval of their families. However, the mother’s father got the man arrested after filing a case under the POCSO Act. While this was going on, the mother was placed in a shelter home. There she ultimately left the child and later married someone else.
Child’s father seeking custody of the child
Bail was given to the father of the kid, who then applied for custody. The CWC, however, turned down his application and offered the child for adoption. The CWC overturned the order and gave the child back to the father after the court objected to the CWC’s choice.
The father’s attorney, Ashish Dubey, contested the mother’s involvement. In light of the fact that the mother had given the kid up for adoption and abandoned it, the bench questioned Agnes about her role. The child had been with the couple for more than five months, and after being abandoned by the mother while the father was being arrested, the youngster had later been placed with the adoptive parents.
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Mother of the child challenged!
The father’s attorney, Ashish Dubey, challenged the mother’s involvement. In light of the fact that the mother had given the kid up for adoption and abandoned it, the bench questioned Agnes about her role. The child had been with the couple for more than five months, and after being abandoned by the mother while the father was being arrested, the youngster had later been placed with the adoptive parents.
Agnes argued that the POCSO case was ongoing and the mother was worried for the wellbeing of the child. She also questioned the father’s suitability as a parent and his capacity to provide for the child. Although the petition had already been decided, the court consented to hear Agnes’ case in public on the next hearing date, which was set for August 21.
