The Supreme Court has issued a partial stay on an Orissa High Court order that invoked parens patriae jurisdiction to restore the custody of a minor Muslim girl to her father in a habeas corpus case.
The parens patriae jurisdiction grants courts the authority to act as the parent of a child or individual in need of protection.
A vacation bench of the Supreme Court, comprising Justices BV Nagarathna and Manoj Misra, has also sought a response from the Orissa government regarding the matter. This case raises important questions regarding the territorial jurisdiction of High Courts in habeas corpus cases.
The father had approached the Orissa High Court, alleging the illegal detainment of the child by his niece and elder sister. The High Court, on April 30, had ruled that technical objections regarding territorial jurisdiction should not hold significant weight in such cases. It cited Article 226(2) of the Constitution, which empowers High Courts to issue writs to individuals, authorities, or governments beyond their territorial limits if a partial cause of action arises within their jurisdiction.
The High Court also noted that proceedings under the Guardians and Wards Act, initiated by the father's niece and sister for the custody of the child, were still pending. Accordingly, it directed the authorities to ensure that the child is returned to the father by the end of June.
The appellants, representing the adoptive parents, argued that the biological parents had previously abandoned the minor girl, citing financial difficulties and a lack of desire for another female child. They claimed that the custody battle arose due to a property dispute between the parties. Additionally, a similar plea by the mother was withdrawn from the Patna High Court.
The plea emphasized that the child expressed a desire to remain with the adoptive parents and accused the High Court of confusing the welfare of the child with custody and adoption rights. It also highlighted that no evidence of kidnapping was found in a criminal case previously filed by the parents.
The Supreme Court, considering the need for a comprehensive examination of legal aspects, stayed the High Court's direction to return custody of the minor girl to the father. The court recognized the peculiar circumstances of the case, where the girl grew up with her aunt's family and did not recognize her biological parents as her own. The top court emphasized the importance of considering the child's perspective, as uprooting her from a familiar environment could have a significant impact.
The Supreme Court's interim order provides temporary relief to the adoptive parents, and the case has been scheduled for further hearing on July 28. Meanwhile, the biological father will have the opportunity to file a response to the appeal. The proceedings will shed light on the interpretation of Muslim Personal Law and the principles governing guardianship under the Guardian and Wards Act.
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