RAJIV BHATIA Vs. GOVERNMENT OF NCT OF DELHI

JUDGEMENT

(1.) Delay condoned in filing the special leave petition.

(2.) Leave granted.

(3.) These appeals by grant of special leave are directed against the judgment dated 11-3-1999 by the Division Bench of the Delhi High Court in a writ of habeas corpus filed by the natural mother of a young girl, named Akansha. The undisputed facts are that Priyanka had married Amit in April, 1993. Out of their wedlock, two girl children - Akansha and Jayanti were born. The husband of Priyanka was a Preventive Officer in the Customs Department of the Government of India. The said Priyanka filed the petition for issuance of writ of habeas corpus alleging therein that her daughter, Akansha is in illegal custody of Rajiv, the elder brother of her husband and the said Akansha should be produced in Court and she should be given the custody of the child. Earlier to the filing of the aforesaid petition in Delhi High Court, the said Priyanka had filed an application in a writ of habeas corpus in Rajasthan High Court at Jaipur in which notice had been duly issued and the State of Rajasthan had filed an affidavit stating therein that Akansha and her younger sister, Jayanti had been given in adoption by the natural parents to Rajiv and his wife and a registered deed of adoption has been executed and the children are staying in Bombay with her adoptive parents and as such the High Court of Rajasthan has no jurisdiction to entertain the habeas corpus petition and to issue directions therein. In Delhi High Court, Priyanka had challenged the validity of the deed of adoption said to have been executed by her and her husband, inter alia on the ground that the said documents were fraudulently got executed and on the statement of her husband, she has signed those papers thinking them to be in relation to some property. Pursuant to the notice issued by the Delhi High Court, the adoptive father appeared and contested the proceedings, inter alia on the ground that Akansha has been given in adoption by the natural parents by executing a registered adoption deed and from the date of said deed, Akansha is staying with the adoptive parents and the adoptive parents are in lawful custody of the child and consequently the question of issuing a writ of habeas corpus does not arise. By the impugned judgment, the High Court examined the legality of the adoption deed to find out whether the custody of Akansha should be with the natural mother or with the adoptive parents. The High Court came to the conclusion that the deed of adoption does not suffer from any illegality but the said alleged adoption does not inspire confidence. The High Court also came to the conclusion that the possibility of signatures of the natural mother on the adoption deed of Akansha were taken by practising fraud and misrepresentation, as alleged cannot be ruled out. According to the High Court, prima facie it is not acceptable that the young mother would give in adoption her daughter, aged three years. The High Court also considered the question of performance of ceremonial gift and came to hold that it can be presumed that the ceremonial gift has not been performed. Ultimately, the High Court directed that the custody of the daughter, Akansha shall remain with the natural mother till appropriate Civil Courts in appropriate civil proceedings decide otherwise. It is this direction of the Delhi High Court in a habeas corpus petition which is assailed in these appeals, one filed by the adoptive father, the other filed by Akansha through the adoptive father and the third filed by the natural father.