25-year-old man seeks custody of 1-year-old baby
30 September 2010
25-year-old man seeks custody of 1-year-old baby
DNA / Mayura Janwalkar / Thursday, September 30, 2010 0:09 IST
Shivaji Kamble, 25, is a father of a one-year-old girl. Like any young father, he longs to hold his little one but from what he has stated before the Bombay high court, the apple of his eye has probably been given in for adoption to a couple without his knowledge or consent.
Kamble, who hails from Kolhapur, had married Madhuri Alavekar in 2008 with the consent of her family, Kamble’s petition in the high court states. However, when Madhuri was pregnant her father Maruti Alavekar took her with him forcibly stating that Madhuri was a minor.
Kamble has stated that he was then sent to jail and his wife was sent to a girl’s remand home. On May 13, 2009, Madhuri gave birth to a girl child but the child was given to Zilla Pariviksha and Anurakshan Sangathana, an orphanage.
Kamble’s petition states he was unaware of the birth of his child until he filed a petition before a magistrate seeking his wife’s custody.
He contended that his marriage with Madhuri was not annulled and he was her guardian under the Hindu Maintenance and Guardianship Act, 1956. He also stated that his wife had clearly stated that she wanted to live with him and not her parents. He said that Maruti had not said a word about the child until Kamble had set the legal process in motion.
The magistrate, however, dismissed Kamble’s application.
He then moved a sessions court in Kolhapur and sought action under section 97 (search of a person wrongfully detained) of Criminal Procedure Code. The sessions court was informed that the mother of the child had relinquished her on July 11, 2009 and she was accordingly given in for adoption under the Juvenile Justice Act. Holding that the Child Welfare Committee was right in doing so, the sessions court too dismissed Kamble’s application.
In his appeal in the high court, he has stated, “Just because the mother relinquished, does not mean the child is destitute and abandoned.” He said that he is still willing to take custody of his daughter and sought the production of his wife and child.
The court has directed additional public prosecutor Mankunwar Deshmukh to seek instructions from the orphanage about who the child has been given to and adjourned the case till October 5.