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2021 Supreme(Bom) 30

S.S.SHINDE, MANISH PITALE
Kripal Amrik Singh – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. Raja Thakare, Mr. Siddharth Jagushte, Mr. Akash Kavade.
For the Respondents: Mr. J.P. Yagnik, Mr. Karansingh B. Rajput, Ms. Aishwarya Sharma, Ms. Rashmi Kamble.

JUDGMENT :

MANISH PITALE, J.

1. This is a writ petition seeking a writ of habeas corpus and a direction to respondent Nos. 1 and 2 to release minor child “Bhavreet @ Bhavnoor Kaur” and for handing over her custody to the petitioners.

2. The petitioners claim that they adopted the said child when she was about two weeks’ old and it is their claim that action undertaken by respondent Nos. 1 and 2 against them was not warranted in the facts and circumstances of the present case. The relevant facts pertaining to the present petition are that the aforesaid girl-child was born on 08.01.2019. When it was found that the biological mother of the child i.e. respondent No. 3 herein was not willing to take care of the girl-child, an intimation was given to a Non Governmental Organization (“NGO”) viz. Child-line. Pursuant to such intimation, a letter dated 17.01.2019 was sent on behalf of the NGO-Child-line to respondent No. 2-Child Welfare Committee (“CWC”) constituted under the Juvenile Justice (Care and Protection of Children) Act, 2015 (“Juvenile Justice Act”). In this letter, the fact regarding respondent No. 3 not willing to take care of the child was mentioned and that, she had decided to e

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