THE BOMBAY HC REFUSED TO GRANT CUSTODY OF A CHILD TO A COUPLE BASED ON A NOTARIZED ADOPTION DEED

28th March 2021

The Bombay HC refused to grant custody of a child to a couple based on a notarized adoption deed. The Petitioners filed a Habeas Corpus petition after the Child Welfare Committee took away the Child.

CONTENTIONS

The CWC submitted that they received information from the childline that a woman is unwilling to take care of her child and has decided to put up for adoption. It was further intimated that there is a probability that the biological mother might sell the child. The CWC asked the mother to appear before it after receiving the news, but by that time, the mother had already given up the child to the petitioners through a notarized adoption deed.

Moreover, the Childline revealed that the child was sold to the petitioners for 20,000. Subsequently, an FIR was registered against the petitioner. Therefore, the petitioners, as well as the mother, filed for custody, which was rejected. Following this, a writ petition was filed, seeking custody of the child.

FINDINGS

The HC held that "We find that the said document nowhere indicates that the adoption is under the provisions of the Hindu Adoption Act and that the notarized deed was executed only after an FIR was registered” Additionally, after the petitioners did not pursue their remedies under the Juvenile Justice Act, the Court dismissed the petition. The Court also appreciated CWC’s appropriate action.