Rejecting claim of biological parents, Nagpur bench of Bombay High Court retains 6-yr-old’s custody with adoptive couple

NAGPUR: Ending an interesting legal battle over a 6-year-old boy’s

custody between two couples, the Nagpur bench of Bombay High Court

allowed the child to remain with his adoptive parents while dismissing the

case filed by his biological parents, who are from “poor background”. The

child was born out of an extramarital affair of his biological parents on

August 30, 2014.

Upholding the Nagpur Family Court’s decision, a division bench of justices

Atul Chandurkar and Nitin Suryawanshi ruled that in the interest of child’s

welfare, the custody should remain with his Mominpura-based adoptive

parents. TOI had reported about the family court’s verdict on February 2,

2016, titled ‘After giving up kid for adoption, couple fights for his custody’

when the boy was just 17-month-old.

“There’s sufficient evidence to prove foster parents are in a better position to take care of child’s welfare. They are taking care

of his health, education, intellectual development and are giving him favourable surroundings. They are also imbibing moral

and physical values in him. They are in a better position to look after his moral and physical welfare and future," the judges

ruled.

Dismissing the biological parents’ appeal, the bench noted that if the child is handed over to them, it would cause emotional

turmoil to him and he would be uprooted from his adoptive parents’ family.

“Since the child was suffering from jaundice after his birth and his condition became critical, his custody was handed over to

adoptive parents on the fifth day. They spent a substantial amount to provide him expert treatment that led to his recovery.

They nurtured him since then and, naturally, he is mentally and emotionally attached to them and developed a bond. They both

appear to be in a position to provide adequate facilities in proper and congenial manner,” they said.

The biological father, an auto driver, married his first wife in 2012 and had two children. He had an affair with another woman,

who is child’s biological mother, and entered into wedlock with her on June 26, 2013. He, however, deserted her after the

child's birth. Her father, having no means to maintain the child, handed it over to the foster parents, his family friends. After

getting child’s custody, the businessman husband and doctor wife took good care of the child.

In the meantime, the biological father reunited with the second wife and took her home where the first wife and children were

also staying. Subsequently, they filed an appeal in the family court for child’s custody.

Rejecting their plea, then principal judge IM Bohari allowed adoptive parents’ appeal to retain child, which was challenged in

HC.

Observing that the biological mother recently delivered a girl child, the HC judges clarified that the father needs to look after

two wives and three children. “Their financial condition doesn’t appear to be good and they live in a temporary structure. Even

their daughter from first wife wasn’t admitted to the school while the biological mother was taking treatment for mental

ailment," they observed.

What HC said:

* Foster parents are in a better position to take care of child’s welfare

* They are taking care of his health, education, and intellectual development

* Giving him favourable surroundings and imbibing moral and physical values

* Biological father needs to look after two wives and three children

* Their financial condition isn't good, they live in temporary structure

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