In a recent twist during a child custody court hearing, the mother, who had initially surrendered her child for adoption through the state Child Welfare Committee (CWC), approached the Bombay High Court with a surprising plea. She requested that the child should not be handed over to the father, who is accused of rape under the Protection of Children from Sexual Offences (POCSO) Act, but instead be given for adoption to someone else.
Advocate Flavia Agnes, representing the mother and also running the NGO Majlis, pleaded for the court to hear her client's concerns. However, when asked if the mother wanted to assert her custody rights over the child, Agnes firmly declined, stating that the mother didn't intend to do so. Instead, the mother expressed her strong belief that the 18-month-old child should not be handed over to the accused father, whom she referred to as a "rapist."
The court presided over by Justices Revati Mohite-Dere and Gauri Godse, rejected the request to hear the matter in a closed chamber. They emphasized that this case was not a typical POCSO case of rape and sexual assault on a minor. The complex situation involved a 17-year-old mother and a 19-year-old father, who had eloped, lived together, and had a child. Justice Godse clarified that the matter at hand was not about child custody, and decisions were to be made based on legal provisions rather than general perceptions.
The couple, who belonged to different religious backgrounds, fell in love as neighbours living next to each other in Andheri, Mumbai. After discovering her pregnancy, they ran away together, lived as a couple, and had a child. They eventually decided to return home, hoping for acceptance from their families. However, the mother's father filed a POCSO case, leading to the father's arrest. Meanwhile, the mother was placed in a shelter home where she ultimately abandoned the child and later got married to someone else after reaching adulthood.
The father, after being granted bail, sought custody of his child. Initially, the CWC rejected his application and put the child up for adoption. However, after facing criticism from the court, the CWC reversed its decision and returned the child to the father.
Advocate Ashish Dubey, representing the father, opposed the intervention of the mother. The court questioned Agnes about her role in the matter, considering that the mother had voluntarily given up the child for adoption and had not shown interest in custody. The court noted that the child had been with the couple for over five months and then with the adoptive parents after being abandoned by the mother, while the father was under arrest.
Agnes argued that the POCSO case was still pending, and the mother had genuine concerns about the child's welfare. She also raised questions about the father's fitness as a parent and his ability to care for the child.
Source: Link
Picture Source :
