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2018 Supreme(Mad) 2203
IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. SATHISH KUMAR, J.
J. Gomathi - Applicant
Versus
Mr.Ashish Vikram Singh - Respondents
Application Nos.1152 and 1153 of 2018 in O.P.No.900 of 2017
Decided On : 10-08-2018
For the Applicant : Mr. Sankara Subbu.
For the Respondent: Ms. Bader Sayeed, Mr. Lakshmi Narayanan Amicus Curiae, Ms. M.B. Dominique for Holy Apostles Convent Babies Home, Mr. T. Mohan, Senior Counsel for Ms. Sheik Mehrunnissa for CWC.
Headnote:
Juvenile Justice (Care and Protection of Children) Act, 2015 - Sections 38, Section (1) of Section 40 , sub-clause 2 of Section 2 , 101 and 102 - Child Welfare Committee - Habeas Corpus - Prayed for recalling the order - She married one - Out of said wedlock a female child was born - Due to frequent quarrel between husband and wife child was entrusted to All Women Police Station, by the applicants husbands first wife - They in turn handed over the child to Child Welfare Committee - Child Welfare Committee in turn handed over child to Holy Apostle Convent, Butt Road - Applicant moved writ of Habeas Corpus before this Court - During pendency of Habeas Corpus Petition child was found in custody of Holy Apostle Convent - Before Holy Apostle Convent appearance in Habeas Corpus Proceedings, Original Side of Court has passed the order – Held, When child was produced by the respondents before this Court could see that child was so attached with respondents as if the child was born to them - Nature of attachment towards the respondents by child was seen by this court itself indicate that child is very comfortable and attached with the respondents - Custody is removed it would not be for the best interest of the child - Taking into consideration of paramount interest of the child, this Court hold that the application to recall the order passed by this court cannot be considered - application is dismissed - Application Nos.1152 and 1153 of 2018 in O.P.No.900 of 2017 are dismissed
1. Application No.1152 of 2018 is filed to recall the order dated 29.11.2017 passed by this Court in O.P.No.900 of 2017 declaring the respondents as adopted parents of the female minor child Ms. Mahalakshmi and handing over the custody of the child to the applicant being the biological mother and Application No.1153 of 2018 is filed to grant leave to the applicant to implead in order dated 29.11.2017 in O.P.No.900 of 2017.
2. It is the case of the petitioner that she married one Kannadasan. Out of the said wedlock a female child was born on 25.08.2016. Due to frequent quarrel between the husband and wife the child was entrusted to All Women Police Station, Kanchipuram by the applicant's husband's first wife. They in turn handed over the child to the Child Welfare Committee, Chengalpattu, Kanchipuram District. The Child Welfare Committee in turn handed over the child to Holy Apostle Convent, Butt Road, Chennai. So, the applicant moved writ of Habeas Corpus on 29.06.2017 before this Court. During the pendency of Habeas Corpus Petition, the child was found in the custody of Holy Apostle Convent. Before Holy Apostle Convent appearance in the Habeas Corpus Proceedings, Original Side of this Court has passed the order in O.P.No.900 of 2017 on 29.11.2017 entrusting the custody of the minor child Ms. Mahalakshmi to the respondents declaring them as adoptive parents of the minor child. According to the petitioner, the above order was passed ex-parte without her consent. The authorities under Juvenile Justice Act, despite the pendency of the Habeas Corpus proceedings, suppressed the same before the Court and got the orders in O.P.No.900 of 2017. Accordingly, Habeas Corpus Petition was disposed of giving liberty to the applicant to take recourse of law. Hence, the petitioner prayed for recalling the order.
3. The respondents have filed counter stating that they registered online as per the process of Central Adoption Resource Authority (hereinafter referred to as CARA) for child adoption during March 2016 and adopted the child on 10.10.2017 as per law after following the procedures and guidelines of CARA and ultimately they have declared as adoptive parents by this Court in O.P.No.900 of 2017.
4. Before going to the rival contention of the parties the following facts can be culled out from the typed set of papers filed by both sides:
On 26.09.2016 one month old female baby, parents name not known, was produced before the Child Welfare Committee (hereinafter referred to as CWC) Chengalpattu by Child Line 1098, Kancheepuram District, along with one lady. The CWC passed a short time placement order in Profile No.1540 of 2016 and as per that order, the female child was placed in the Holy Apostle Convent Baby Home, St.Thomas Mount, Chennai. Thereafter, on 31.01.2017 the child, by then was 5 months old, produced before the CWC. On a petition seeking temporary custody of the child filed by the Holy Apostle Convent Babies Home, CWC, Chengalpattu of its order dated 31.1.2017 T.C.No.001/2017, entrusted the temporary custody of the female child to the above said home with certain conditions. On 23.03.2017 a publication was given in Malai Malar Tamil Daily to locate the biological parents of the child. Since there was no claim for the said child, the institution viz., Holy Apostle Convent Babies Home, which was given temporary custody by CWC submitted required documents for declaring the child fit for adoption. On 16.06.2017 CWC after perusing the report of the Social worker, passed an order declaring the child legally free for adoption. It is also pertinent to note that the Holy Apostle Convent Babies Home, St. Thomas Mount Chennai is a registered home under Juvenile Justice (Care and Protection of Children) Act. This is also not in dispute. In the meanwhile, the respondents viz., the adoptive parents have registered in the Child Adoption and Resources Information and Guidance System with Registration No. VT 8423. Based on the home study report
