Additional Sessions Judge Sanjay Bansal said the parents have not denied that they do not have the girl with them and once they have given their daughter in adoption to their relative, they cannot "detain" the child with them.
The court dismissed the revision petition of the couple, residents of east Delhi, challenging the magisterial court's order which had framed charges against them for the offence of kidnapping.
It said there was prima facie sufficient evidence for framing charge against the couple and the revision petition was devoid of merits.
"It is to be noted that the girl child is admittedly in custody of the petitioners since the day of the incident. The petitioners have not denied that they do not have girl child with them. Once petitioners had given the girl child in adoption to the respondent no. 2 (relative), they cannot detain the child with them," the judge said.
He said that he used to take good care of the child and later on, some dispute arose between the two families and he lodged a case against the couple which is still pending.