XXXXXXX Vs. STATE OF KERALA

JUDGEMENT

(1.) A young lactating mother is before this Court, aggrieved by an order passed by the Child Welfare Committee (hereinafter referred to as "CWC"), finding her unfit to look after her baby aged just one year and four months and gave custody of the baby to her husband the 3rd respondent herein. The circumstances that led to the impugned order are as under;

(2.) When this writ petition came up for admission, learned counsel for the petitioner submitted that the baby is being breastfed by the petitioner and by reason of the impugned order, the child is deprived of mother's milk. Thereupon, this Court issued the following direction;

(3.) On receipt of notice from this Court, the 3rd respondent entered appearance and filed a counter affidavit along with a copy of order of the CWC dtd. 23/9/2024, containing the reasons for depriving the petitioner the custody of her baby. Thereupon, the petitioner amended the writ petition by incorporating a prayer for quashing that order (Ext.P8). A rough translation of the reasons stated in Ext.P8 order is given below;