Woman opposes HC order granting custody of child to biological father

A woman in India is challenging a court order that granted custody of her surrendered child to her ex-boyfriend, whom she accuses of kidnapping and raping her. The court is questioning why the mother is opposing the custody handover, as she had voluntarily surrendered the child and the case against the man is not solely about sexual assault. The hearing will continue on August 21.

A woman on Tuesday moved the Bombay high court challenging its earlier order by which custody of the child surrendered by her for adoption was granted to her ex-boyfriend and the child’s biological father.

HT Image

Advoate Flavia Agnes, representing the mother, told a division bench of justice Revati Mohite Dere and justice Gauri Godse that the man could not keep the child because he kidnapped and raped her.

The bench, however, wanted to know from Agnes as to why the mother was opposed to handover of the custody, especially when she had surrendered the child and the case against the man was not of sexual assault per se, as she had eloped with him and was living with him when the child was conceived.

When the HC asked Agnes if the petitioner was withdrawing her surrender of the child, the counsel said she would have to ask the mother. In the meantime, Agnes said she urged the court for a private hearing so that she could show the bench why the mother was opposing the custody of the child to the man.

According to prosecution, the 21-year-old man had physical relations with the woman in 2021 when she was 17 years old. In August 2021, she discovered that she was pregnant and out of fear of her family, she ran away with the man and started living with him. The child was born in November that year.

The girl’s father filed a complaint and a case of kidnapping and rape under sections of the POCSO Act was registered against the man. The man was arrested in March 2022 and the child was given to the custody of the child welfare committee (CWC).

Meanwhile, the mother surrendered the child after which the CWC declared the child free for adoption in December 2022.

The man then filed a petition in the HC, seeking custody of the child. On July 26, the HC directed the CWC to hand over the child to the biological father.