A woman fighting a legal battle to get back her one-year-old love child got a glimpse of her child in several days as the boy was brought to a Delhi court by the couple to whom she had handed him to avoid social stigma.
The couple, who have allegedly refused to return the child to the woman and her lover-turned-husband and biological father of the child, brought the child to court after a warrant was issued against them and questioned the magistrate's power to decide the tricky issue of an infant's custody.
The couple, who were allegedly handed over the new-born baby by the woman for temporary upkeep before her marriage, contended that a Metropolitan Magistrate had no power to decide the custody issue, which could be settled either by the District Judge or a Guardianship court.
Metropolitan Magistrate Naveen Arora, however, decided to deliver the order in the matter tomorrow after cancelling the non-bailable warrant against the couple.
The woman’s counsel Kamal Singh Pundir contended that the couple had failed to provide any documents to prove that they had allegedly adopted the child.
He also argued that under Section 97 of the Criminal Procedure Code, the court has to issue search warrant after being satisfied over the contents of an application alleging that the couple had illegally confined the child.
He also claimed that the court is empowered to decide the custody issue.
Counsel for couple, Nitin Sharma, claimed that only handing over a child is enough for adoption and there are no set rules and proper procedure for the purpose.
After the high drama in court, the couple, who still have the child alleged outside the court that they were being victimised by the police.
The child, who was with the couple, while they were talking to the media, seemed unaware of the happenings around him.
The court in its previous order had issued NBW against the couple, residing in Rohini, after they failed to appear before it with the child.
In her petition, filed through counsel Pundir, the woman, a resident of Ashok Vihar, said she had handed over her 17-day-old son to the couple for a period of four months.
However, after the woman got married on November 22 last year, the couple refused to return the baby to her despite repeated pleas. When a legal notice was sent to them by her they claimed that the baby was given to them for adoption.
“It is an admitted fact that the child was delivered by the complainant (woman) whose custody was voluntarily handed over by her to the accused (couple), but the circumstances in which the custody was given is quite understandable. “And that was given just to avoid the social stigma, but the fact that she married the father of the child later on shows that they must have given the child on temporary basis to the accused,” Metropolitan Magistrate Naveen Arora h