A.AMBIKA Vs. CHILD WELFARE COMMITTEE

JUDGEMENT

(1.) The writ petition is filed by A.Ambika, w/o.Annamalai, residing in Puthur Post, Salem district, seeking a Mandamus directing the 1st and 2nd respondents namely the Child Welfare Committee, at Virudhunagar district and the Inspector of Police, Appayanayakkanpatti Police Station of Virudhunagar district, to pass orders with respect to the custody of the minor child Kathiresan, whom the petitioner claims was born to her on 09.10.2019.

(2.) The young infant Kathiresan is hardly seven months old. In this very very short span of his life time, he has been subjected to much torture, harassment and neglect. Initially, the petitioner herein and her husband who is said to be a contract worker, had taken a conscious decision not to have child with them and not to bring up the child by them. There are allegations which will have to be established during the course of enquiry by the 1st respondent that the petitioner and her husband had received consideration of around Rs.40,000/- from the 3rd and 4th respondents, namely Gomathi and her husband Sundaralingam and had handed over the child to them. In this connection, the version of the petitioner is that, this amount was received towards medical and other expenses, since the petitioner was in penury circumstances. The petitioner had already begotten two children and it is claimed that bringing up the 3rd child would be an economic burden on the petitioner. The petitioner claimed that it was in the welfare of the child that she had handed over the child to the 3 rd and 4th respondents.

(3.) However, by some fortunate circumstance, which have to be examined during the course of enquiry by the Child Welfare Committee, the child was rescued and finally handed over to the 1st respondent namely the Child Welfare Committee. In this connection, a complaint was also forwarded to the 2nd respondent, Inspector of Police, Appanayakanpatti Police Station,at Virudhunagar district. Since the two agencies, namely the Child Welfare Committee and the Inspector of Police are examining the issues before them, it may not be appropriate on the part of this Court to give any view on the said issues. At the present stage, as seen in the counter of the 1st respondent, the child has been handed over to Grace Kennet Foundation, Mazhalai Illam, at Madurai for temporary care. The said foundation is said to be a Specialized Adoption Agency. The child is under care of the said agency from 23.12.2019.