Dr. Haresingh vs The State Of Madhya Pradesh
2021 Latest Caselaw 3998 MP

                                   1                              WP-10354-2021
        The High Court Of Madhya Pradesh
                   WP-10354-2021
            (DR. HARESINGH Vs THE STATE OF MADHYA PRADESH AND OTHERS)

3
Indore, Dated : 05-08-2021
      Heard through Video Conferencing.
      Shri Manish Yadav, learned counsel for the petitioner.
      Shri Sanjay Kumar Karanjawala, learned Govt. Advocate for the
respondent/State.

The petitioner has filed the present petition seeking interim custody of

two and a half year old child, who was in custody of the petitioner by virtue of adoption without following the due process of law. Upon receiving the information the District Welfare Committee has taken the custody of the child in the month of September, 2020 from the petitioner and F.I.R. has also been registered against the petitioner, biological mother and one mediator however, the applicant was released on bail.

Learned counsel for the petitioner submits that the petitioner as well as his wife both are qualified doctors. They have kept the child with them as their natural child. In support of this contention petitioner has filed various

photographs about celebration of the child's first and second birthday. The petitioner has filed an application before the District Child Welfare Committee seeking interim custody of the child but the same has not been decided so far. Shri Yadav submits that similar issue came up for consideration before this Court in case of Smt. Sangita Vani and another v/s State of M.P. and others in WP No.27661/2019 in which this Court has permitted the petitioner to continue with the custody of the child till filing of an appropriate application before the competent authority for temporary custody as well as valid adoption. Shri Yadav further submits that the petitioner has applied for valid adoption in the month of July, 2021 and the same has also pending.

In view of the above, the writ petition is disposed of with the directions to the District Child Welfare Committee to decide the application of interim 2 WP-10354-2021 custody in view of the judgment passed by this Court in case of Sangita Vani (supra) within a period of 15 days from the date of receipt of certified copy of this order. However, the DCWC is directed to decide the application keeping in mind that the petitioner are well qualified and they kept the child very well.

(VIVEK RUSIA) JUDGE

ajit

AJIT Digitally signed by AJIT KAMALASANAN DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH INDORE, ou=HIGH COURT OF MADHYA PRADESH BENCH INDORE,

KAMALA postalCode=452001, st=Madhya Pradesh, 2.5.4.20=156c9cedca1b74d671db9f220a5e 3ed6cba241effad892107d95ef0a1afc55b4, pseudonym=CFDFD9C36711CA738F527A5 D61A1EE901C09EF29,

SANAN serialNumber=7F0BEE2D78BD57DA058F32 47441C87E7E0817FB61F5E2ABCAEE63CAA A7B3B9FF, cn=AJIT KAMALASANAN Date: 2021.08.05 16:50:09 +05'30'