HC hands over custody of child to minor mother
MADURAI: The Madurai bench of the Madras high court has handed over the custody of a child to its minor mother after
cancelling its surrender to the child welfare committee which had subsequently declared that it was legally free for adoption.
A division bench of justices S Vimala (https://timesofindia.indiatimes.com/topic/Vimala) and T Krishnavalli
(https://timesofindia.indiatimes.com/topic/Krishnavalli) passed the order after it heard two cases filed by M Meena
(https://timesofindia.indiatimes.com/topic/M-Meena), mother of the girl, and Paramasivam
(https://timesofindia.indiatimes.com/topic/Paramasivam) of Thoothukudi, the father of the boy, seeking their custody separately.
During the hearing, the additional public prosecutor informed the court that the youth and the girl had fallen in love and a male
child was born to them. The youth, who was booked under the POCSO Act, was under judicial custody while the girl was
lodged in a home attached to the child welfare committee. The child, surrendered by Meena
(https://timesofindia.indiatimes.com/topic/Meena) and the biological mother, was under the care of child welfare committee.
Parents of both sides contended before the court that they were ready to arrange marriage for them after the girl attained
majority.
However, considering the welfare of the child, the bench made inquiries with the child welfare committee. The committee in
turn said that the child was declared legally free for adoption and it was not possible to give its custody to the relatives of either
the mother or father. It said that parental rights would expire on completion of 60 days from the date of surrender of the child.
However, the biological parents of the child and their parents were very keen to take care of the child. Subsequently, the court
directed the committee to keep the adoption proceedings in abeyance and started churning the provisions relating to
‘surrendered child’ and ‘child in need of care and protection’ under the Juvenile Justice (Care and Protection of Children
(http://www.speakingtree.in/topics/people/children)) Act, 2015. The court said that the marriage between the detenues who
claimed that they got married was not void (having no legal force). It was valid, but might be annulled by one of the parties
under the Child Marriage Restraint Act and therefore it was valid till the marriage was set aside.
The bench said that adoption was a very laudable method of providing a family to a child, but only if it had no family. Here was
a case where both parents along with grandparents were willing to take care of the child. The bench said that the committee
would not have known that the child had a father. “The consent of the father has not been given for surrender. The so-called
consent given by the mother is not an informed consent”and hence it was not valid. “The advantages of nurturing the child by
the biological mother can’t be underestimated. Hence, the surrender deed stands cancelled and custody of the child is ordered
to be entrusted to the mother (detenue).” Accordingly, the child was handed over to the mother in the court.