STANLEY ROMEO HEBROM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present writ petition has been filed for quashing letter no. 620 dtd. 23/12/2020 (Annexure-11 to the writ petition) issued by the Child Welfare Committee, East Singhbhum, Jamshedpur whereby the petitioner has been directed to handover the custody of his 3 1/2 years old daughter- Mayra @ Myra Hembrom to the respondent no. 5-Rashmi Regina Hembrom (wife of the petitioner) who, according to the petitioner, will not take proper care of the said child as she has been suffering from a mental disorder-"Schizophrenia".

(2.) Learned counsel for the petitioner submits that marriage between the petitioner and the respondent no. 5 was solemnized on 29/12/2014 at Jamshedpur according to Christian rites, ceremonies and custom. Thereafter, they were blessed with a girl child namely Myra Hembrom on 30/6/2017 at Tata Main Hospital, Jamshedpur, who was about 3 1/2 years old at the time of passing of the impugned order. The petitioner however noticed abnormal behaviour of the respondent no. 5 due to which she was treated by various Neuro-Psychiatrists at Jamshedpur and at Davis Institute of Neuropsychiatry, Kanke, Ranchi from 2018 to 2020. In support of the said submission, learned counsel for the petitioner refers to copies of few prescriptions annexed with the present writ petition.

(3.) In sum and substance, the contention of the petitioner raised in the present writ petition is that the respondent no. 5, due to her mental disorder will not be in a position to properly take care of their daughter and therefore, the letter dtd. 23/12/2020 issued by the Child Welfare Committee, East Singhbhum, Jamshedpur is liable to be quashed as the said committee did not duly appreciate the mental state of the respondent no. 5 while issuing direction for handing over the custody of their daughter namely Myra Hembrom to her.