Coming to the aid of a couple without issues, the Madras High Court today directed officials on a habeas corpus plea to handover an one-year-old girl to its adoptive parents.
The couple had adopted the girl from a relative in Salem district in October last year. But in October this year, the director of Salem Child Line came along with police and took the child from the custody of the adoptive parents, following which the woman filed the petition.
A Division Bench, comprising Justice S Rajeswaran and Justice P N Prakash, allowed the petition filed by Valliammal, the adoptive mother.
When the case came up, officials of Childline and Child Welfare were present as well as the adoptive parents who were in tears. The officials said they took the baby away as they received a phone call that the child was in illegal custody of the petitioner and adoption was not done properly.
After hearing the submissions, the bench said though the contention of the officials was that the adoption was not done in a proper manner, the fact that the child was in the custody of the adoptive parents from November 23 last year cannot be denied. Therefore, it was improper on the part of the officials to have gone along with police and taken the child forcefully from the custody of the adoptive mother.
Moreover, there was no complaint lodged by anyone to the officials, the bench said and directed them to handover the child to the adoptive parents in the court itself.
It directed the couple to produce the child before the District Social Welfare Officer, Salem, and the chairman of the District Child Welfare Committee, Salem Child Line once in a week that is on every Friday for a period of three months.
