MUMBAI: A city couple on Friday alleged the child welfare committee (CWC) took away their “adopted” infant and kept her in “illegal detention”. They have sought orders to be reunited with the baby, now aged two.
The childless couple said they had adopted a newborn from a single woman under provisions of Hindu Adoption and Maintenance Act (HAMA) through an adoption deed in January 2019. That June, CWC filed a criminal case against them and “immediately took” the child from their legal custody, they alleged. Currently, the child is being looked after by a trust that runs a “specialised adoption agency”, said their petition.
CWC is a statutory body set up under the Juvenile Justice (Care and Protection ) Act as an authority to deal with children in care of protection. The petition alleged CWC has acted “arbitrarily” and “high-handedly” out of “mere ignorance of law” six months after the child was “adopted”. Parting the child has deprived her of her fundamental right to life as well as “love and affection of the adoptive parents,’’ said the couple.
The couple filed a habeas corpus petition (to seek production of somebody from illegal detention or custody) through advocate Siddharth Jagushte and senior counsel Raja Thakare. The advocates mentioned it before a Bombay high court bench of Justices S S Shinde and Manish Pitale at a virtual hearing on Friday. The biological mother, represented by advocate Tusshar Nirbhavane, used to work as a domestic help and had entered into the ‘adoption deed’’, is the contention. The couple said they performed a handing over ceremony for the child.
Thakare said two important legal questions are involved, including whether adoption under HAMA can be “trifled with’’ when JJ Act recognises it and if Section 80 can be invoked when a valid adoption deed exists.