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IN THE HIGH COURT OF JHARKHAND AT RANCHI
RAJESH SHANKAR, J.
Stanley Romeo Hebrom – Appellant
Versus
The State of Jharkhand – Respondent
W.P.(C) No. 397 of 2021
Decided on : 25-04-2022
Child Custody - Mental Disorder - Medical Report - [The Juvenile Justice (Care and Protection of Children) Act, 2015, Section 17(4), Section 23] - The court discussed the medical report of the respondent no. 5, which diagnosed her with schizophrenia and recommended proper adherence to treatment for parenting her child. The court emphasized the importance of well-timed, appropriate, and adequate social support for the respondent no. 5. The decision was influenced by the medical report and the absence of evidence showing danger to the child due to negligence or lack of proper care by the respondent no. 5.
Fact of the Case:
The petitioner sought to quash a letter directing him to hand over custody of his daughter to his wife, citing her mental disorder. The respondent no. 5 alleged abuse and assault by the petitioner.
Finding of the Court:
The court found that the strained matrimonial relationship was not the focus of the petition, and the issue was whether the letter from the Child Welfare Committee was proper and justified. The court emphasized the importance of the medical report and dismissed the petition for lack of merit.
Issues: Custody of the child, mental disorder of the respondent no. 5, allegations of abuse and assault, validity of the letter from the Child Welfare Committee
Ratio Decidendi: The decision was based on the medical report of the respondent no. 5, which diagnosed her with schizophrenia and recommended proper adherence to treatment for parenting her child. The absence of evidence showing danger to the child due to negligence or lack of proper care by the respondent no. 5 influenced the court's decision.
Final Decision: The writ petition was dismissed for lack of merit, and consequently, I.A. No. 6422 of 2021 also stands dismissed.
JUDGMENT :
The present writ petition has been filed for quashing letter no. 620 dated 23.12.2020 (Annexure-11 to the writ petition) issued by the Child Welfare Committee, East Singhbhum, Jamshedpur whereby the petitioner has been directed to handover the custody of his 3 ½ years old daughter- Mayra @ Myra Hembrom to the respondent no. 5-Rashmi Regina Hembrom (wife of the petitioner) who, according to the petitioner, will not take proper care of the said child as she has been suffering from a mental disorder-“Schizophrenia”.
2. Learned counsel for the petitioner submits that marriage between the petitioner and the respondent no. 5 was solemnized on 29th December, 2014 at Jamshedpur according to Christian rites, ceremonies and custom. Thereafter, they were blessed with a girl child namely Myra Hembrom on 30.06.2017 at Tata Main Hospital, Jamshedpur, who was about 3 ½ years old at the time of passing of the impugned order. The petitioner however noticed abnormal behaviour of the respondent no. 5 due to which she was treated by various Neuro-Psychiatrists at Jamshedpur and at Davis Institute of Neuropsychiatry, Kanke, Ranchi from 2018 to 2020. In support of the said submission, learned counsel for the petitioner refers to copies of few prescriptions annexed with the present writ petition.
3. In sum and substance, the contention of the petitioner raised in the present writ petition is that the respondent no. 5, due to her mental disorder will not be in a position to properly take care of their daughter and therefore, the letter dated 23.12.2020 issued by the Child Welfare Committee, East Singhbhum, Jamshedpur is liable to be quashed as the said committee did not duly appreciate the mental state of the respondent no. 5 while issuing direction for handing over the custody of their daughter namely Myra Hembrom to her.
4. Though no one appears on behalf of the respondent no. 5, yet on perusal of the counter affidavit filed by her, it appears that she has made several allegations against the petitioner such as he used to come home in late hours in drunken condition and used to abuse and assault her. The respondent no. 5 has also alleged that the petitioner only intended to take custody of their daughter, however he was never interested in keeping her in the matrimonial home. The respondent no. 5 has also stated in the counter affidavit that the petitioner has forcibly kept her educational certificates, PAN Card, Aadhar Card, Bank passbook, mobile phone etc. and does not want to handover the same to her.
5. Be that as it may. On perusal of the materials available on record, it appears that there is a strained matrimonial relationship between the petitioner and the respondent no. 5. Nonetheless, the present writ petition is confined to the issue as to whether the letter dated 23.12.2020 issued by the Child Welfare Committee, East Singhbhum, Jamshedpur is proper and justified. The said letter appears to have been issued on the basis of report dated 02.12.2020 submitted by the Civil Surgeon-cum-Chief Medical Officer, East Singhbhum, Jamshedpur which in fact is based on the medical report of the respondent no. 5 dated 01.12.2020 prepared by a psychiatrist namely Dr. Deepak Kumar Giri. The said medical report prepared by Dr. Deepak Kumar Giri has been annexed as Anneure-9 to the present writ petition. The opinion of Dr. Deepak Kumar Giri given in his report dated 01.12.2020 reads as under:
On the basis of mental status examination and psychological test findings, no active psychopathy elicited at present.
Opinion
Based on clinical records, face to face meeting, present mental status examination and test findings:
She is suffering from Schizophrenia (as per prescriptions)
Off medication from last 2 months (as per subject)
No active psychopathology elicited at present
Well timed, appropriate and adequate social support and proper adherence to treatment may succeed in parenting her child.
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