KRIPAL AMRIK SINGH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is a writ petition seeking a writ of habeas corpus and a direction to respondent Nos.1 and 2 to release minor child - "Bhavreet @ Bhavnoor Kaur" and for handing over her custody to the petitioners.

(2.) The petitioners claim that they adopted the said child when she was about two weeks' old and it is their claim that action undertaken by respondent Nos.1 and 2 against them was not warranted in the facts and circumstances of the present case. The relevant facts pertaining to the present petition are that the aforesaid girl-child was born on 08/01/2019. When it was found that the biological mother of the child i.e. respondent No.3 herein was not willing to take care of the girl-child, an intimation was given to a Non Governmental Organization ("NGO") viz. Childline. Pursuant to such intimation, a letter dated 17/01/2019 was sent on behalf of the NGO - Childline to respondent No.2 - Child Welfare Committee ("CWC") constituted under the Juvenile Justice (Care and Protection of Children) Act, 2015 ("Juvenile Justice Act"). In this letter, the fact regarding respondent No.3 not willing to take care of the child was mentioned and that, she had decided to either give the girl-child in adoption or to keep her in some Ashram. It was also stated in the letter that there was a possibility of the girlchild being sold by the biological mother i.e. respondent No.3 herein.

(3.) Upon receiving the said written communication, respondent No.2-CWC took cognizance of the matter and directed respondent No.3 to come before it with the girl-child once in a month and respondent No.2-CWC further gave a direction to the aforesaid NGO to supervise the activities of respondent No.3 by visiting her once in a month. But, it appears that immediately thereafter, on 22/01/2019, a notarized Adoption Deed was signed by respondent No.3, whereby the girl-child was purportedly given in adoption to the petitioners herein. On this basis, the girl-child was given to the petitioners, who took her to Punjab.