J GOMATHI Vs. ASHISH VIKRAM SINGH

JUDGEMENT

(1.) Application No.1152 of 2018 is filed to recall the order dated 29.11.2017 passed by this Court in O.P.No.900 of 2017 declaring the respondents as adopted parents of the female minor child Ms.Mahalakshmi and handing over the custody of the child to the applicant being the biological mother and Application No.1153 of 2018 is filed to grant leave to the applicant to implead in order dated 29.11.2017 in O.P.No.900 of 2017.

(2.) It is the case of the petitioner that she married one Kannadasan. Out of the said wedlock a female child was born on 25.08.2016. Due to frequent quarrel between the husband and wife the child was entrusted to All Women Police Station, Kanchipuram by the applicant's husband's first wife. They in turn handed over the child to the Child Welfare Committee, Chengalpattu, Kanchipuram District. The Child Welfare Committee in turn handed over the child to Holy Apostle Convent, Butt Road, Chennai. So, the applicant moved writ of Habeas Corpus on 29.06.2017 before this Court. During the pendency of Habeas Corpus Petition, the child was found in the custody of Holy Apostle Convent. Before Holy Apostle Convent appearance in the Habeas Corpus Proceedings, Original Side of this Court has passed the order in O.P.No.900 of 2017 on 29.11.2017 entrusting the custody of the minor child Ms.Mahalakshmi to the respondents declaring them as adoptive parents of the minor child. According to the petitioner, the above order was passed exparte without her consent. The authorities under Juvenile Justice Act, despite the pendency of the Habeas Corpus proceedings, suppressed the same before the Court and got the orders in O.P.No.900 of 2017. Accordingly, Habeas Corpus Petition was disposed of giving liberty to the applicant to take recourse of law. Hence, the petitioner prayed for recalling the order.

(3.) The respondents have filed counter stating that they registered online as per the process of Central Adoption Resource Authority (hereinafter referred to as CARA) for child adoption during March 2016 and adopted the child on 10.10.2017 as per law after following the procedures and guidelines of CARA and ultimately they have declared as adoptive parents by this Court in O.P.No.900 of 2017.