DEVENDAR SRIVASTAVA Vs. ALFRED JAMES

JUDGEMENT

(1.) This case is a tussle over a child. The parents have filed a petition under Article 2 26, of the Constitution for a writ in the nature of habeas corpus. On the other side are ranged a couple to whom the mother gave the custody of the child soon after it was born. How that came about is a tale of woe engendered by the mores of our society.

(2.) In or about August 1982, Devender Kaur obtained employment as a lady health visitor with the Municipal Corporation of Delhi. She was about 25 years old at that time. There, she met Ajay Srivastava who was employed as a medical laboratory technician. He was about 28. A liaison soon developed between the two, and Devender Kaur became pregnant. She was delivered of a boy on 30th May 1983 at Safdarjang Hospital, New Delhi.

(3.) According to Devender Kaur, when her mother came to know of the pregnancy, she was horrified by the thought of the social stigma they would incur from the birth of an illegitimate child. In order to hide the whole affair, she sent Devender Kaur 'away till the child was born'. Even the brothers and sisters of Devender Kaur did not become aware that she was pregnant. All contact between Devender Kaur and Ajay Srivastava was barred. Thus, he had no inkling that she had conceived or given birth to his child.