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SAUMITRA DAYAL SINGH, MANJIVE SHUKLA
Meena – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
1. Heard Sri Yatindra and Sri Vipin Chandra Pal, learned counsel for the petitioner and Sri Mukul Tripathi, learned Standing Counsel for the State.
2. Ms. Shruti Teneja holding brief of Ms. Pooja Agarawal, learned counsel for private respondent No. 5 states, in view of the DNA test report of the child and said respondent and his wife not matching, the private respondent has no say in the matter. Ms. Taneja seeks to withdraw from the proceedings. Permission granted.
3. The present writ petition had been filed by the petitioner to assail the order dated 13.12.2021 passed by the Child Welfare Committee, Fatehgarh, Farrukhabad (hereinafter referred to as 'CWC'), whereby custody of the child (X) had been deprived to the petitioner. Further challenge has been raised to the order dated 06.3.2023 passed by the said CWC rejecting the petitioner's application for grant of foster care of X.
4. Facts that are not in dispute may be noted first. The child X is disclosed to have been handed over to the petitioner on 28.11.2014 when it was a few days old by a person belonging to the third gender, namely, Arjun alias Anjali. The petitioner who had four grown up children of her own (three of
The court prioritized the child's welfare, allowing custody to the petitioner and permitting her to apply for adoption, emphasizing the importance of the bond between the child and the caregiver.
The court prioritized the child's welfare in custody matters, allowing the petitioner to regain custody and apply for adoption, emphasizing the need for thorough assessments of caregivers.
Handing over of child’s custody to father at this stage might create some problems initially and that would be resolved with passage of time.
The welfare of the child is the paramount consideration in deciding custody disputes, and the child's right to know her birth parents is essential.
The biological father's consent is not required for the adoption of a child born from sexual assault when the mother is a minor, prioritizing the child's welfare and the mother's status as the natura....
Guardians and Wards - Child in need of care and protection – Rights of children - Rights of children are protected and that broad and purposeful interpretation is given to the definition “child in ne....
The court established that interim custody can be granted in criminal proceedings based on DNA evidence, but such evidence alone does not determine parenthood, and the welfare of the child must be th....
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