Bombay High Court Rebukes Child Welfare Committee for Ignoring Biological Father's Custody Plea
The Bombay High Court criticized the Child Welfare Committee (CWC) on Wednesday for disregarding the plea of a biological father seeking custody of his child, who was put up for adoption by the CWC. The committee had earlier rejected the father's claim, citing his involvement in a case related to a relationship with the child's mother, who was 17 years old at the time.
Expressing displeasure with the conduct of the CWC, the bench questioned their decision-making process and highlighted the potential trauma inflicted on the child by revoking the adoption order. The court also inquired about the father's rights over the child, considering that the mother had abandoned them.
In response to the High Court's reprimand, the CWC stated that it would withdraw its previous decision to put the child up for adoption. The division bench of Justices Revati Mohite Dere and Gauri Godse heard the habeas corpus plea filed by the father, Ramu Gadivdar.
Gadivdar's lawyer informed the court that despite the child not being abandoned or orphaned, the CWC had allowed the adoption, disregarding his status as the biological father. He sought custody of the child after the child's mother married someone else.
The Additional Public Prosecutor, Prajakta P Shinde, assured the court that the CWC's order of July 21 would be revoked as it contradicts the provisions of the Juvenile Justice Act. The bench scheduled another hearing on July 28 to ensure compliance with the CWC's reassurance.
The child was born in November 2021 to a 17-year-old girl and Gadivdar, who had eloped with her. Gadivdar was later arrested in March 2022 for alleged kidnapping and charges under the Protection of Children from Sexual Offences Act (POCSO Act). Due to financial difficulties, the child's mother surrendered custody to the CWC in April 2022.
After Gadivdar was granted bail, he applied to meet the child, which the CWC permitted. However, on December 21, 2022, the CWC declared the child free for adoption, leading to Gadivdar challenging the decision in the High Court.
Despite Gadivdar's ongoing petition, the Central Adoption Resource Authority (CARA) allowed the child's adoption on January 3 of the following year. On June 16, the CWC withdrew its December order, and on June 28, the bench was informed that prospective parents were returning the child.
Subsequently, Gadivdar applied for custody, which the CWC rejected on July 21, stating that a person accused of a criminal case could not benefit from his wrongdoing. The committee believed adoption was in the child's best interest for a better future. The case is scheduled to be heard again on July 28.
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TAGS: Bombay High Court Child Welfare Committee (CWC) adoption custody biological father relationship 17-year-old girl reprimand habeas corpus plea Juvenile Justice Act compliance elopement kidnapping POCSO Act surrender of custody Central Adoption Resource Authority (CARA) prospective parents.
