Ahmedabad man seeks daughter’s custody, orphanage wrings its hands
AHMEDABAD: In the case of a 39-year-old man who sought custody of his daughter from an orphanage in Nadiad, the orphanage on Thursday informed the Gujarat high court that the child had been given in adoption in January 2018.
The orphanage supplied a Nadiad sessions court’s order passed on January 2018 showing that the child was given in adoption to a Kolkata-based couple through Central Adoption Resource Authority (CARA). Justice V P Patel questioned how a child, both of whose parents are alive, could be termed an orphan and be placed in the orphanage. To this, the court was told that the surrender of the child and her adoption took place in accordance with law.
The man had filed a habeas corpus petition in the HC for his 3-year-old daughter after the divorced mother surrendered the child in Matruchhaya Orphanage in Nadiad. While the man claimed that his estranged wife was avoiding him to evade the child custody issue, the woman and her father appeared before the court and told the court about harassment on part of the man, which led the mother to give up the child. Advocate Bhunesh Rupera, who appeared for the mother, submitted that the man was never interested in his daughter’s custody. At the time of divorce, he had retained the child’s custody, but returned the custody and signed an MoU stating that he would never claim custody in future. The lawyer submitted that the man was after his divorced wife and kept on pasting posters showing her as a missing person despite the fact that they separated through a mutual agreement. To get rid of him, the woman never furnished her address to courts. The mother refused to give her present address to the high court also claiming that it would result in harassment on part of her ex-husband. The 29-year-old woman and her father told the court that she started suffering from psychological problems because of the harassment. This led them to take a decision to put the child in an orphanage and give consent to give her in adoption. The HC has posted further hearing on June 25.
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