S. PRIJI Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) Heard Dr. Fr. Xavier Arulraj, learned counsel for the petitioner and Mr. V. Jayaprakash Narayanan, learned special Government pleader appearing for the respondents and perused the materials placed on record. The Chairperson of the District Child Welfare Committee, Krishnagiri District has filed his report and he is present in court during the course of hearing of this petition. The issue which is involved in this petition is as to whether the custody of the minor Anugraha and Mollukutty should be restored to the petitioner who is said to have adopted the child or as to whether such adoption should be regularized under the guidance of the Chairman of the Child Welfare Committee, Krishnagiri.

(2.) The petitioner married Mr. S. Shyamku-mar and he is working as a tailor in Saudi Arabia. Though the petitioner and her husband were married for 23 years, due to infertility problem they are not blessed with a child. Therefore, they decided to adopt a child and through a common friend, they came in contact with one Johnson and Mr. Johnson identified a 72 days old female baby and on seeing the child, the petitioner and her husband got attached to her and it being a girl child, the petitioner was very excited to adopt her. So was her husband. The child was handed over to them on 12.12.2012 and they came to their native place in Trivandrum at Kerala on 13.12.2012. The person who arranged for adoption informed them that the child's mother is an unwed mother and the child was disowned by her because if the child was not taken away from her, there was a danger that she may resort to committing suicide. The respondents have now taken an action against the petitioner on the ground that certain allegations have cropped up against the said Johnson and it appears that there is allegation that he is involved in child trafficking. In the background of these facts, the custody of the child was taken over by the 2nd respondent on 29.12.2014. Thereafter, the petitioner has moved this court by way of this writ petition.

(3.) Even at the first hearing of this petition, the Chairman, Child Welfare Committee, Krishnagiri District was present in court and he was directed to file a status report along with the relevant documents. Accordingly, he filed the same before this court.