Love child returned to parents after court rulingOctober 16th, 2008 - 9:08 pm ICT by IANS
New Delhi, Oct 16 (IANS) Asha cried and screamed but had to return the one-year-old boy to his parents as a court here Thursday ruled against the caregiver.Amid emotional scenes in a packed courtroom, Metropolitan Magistrate Naveen Arora ordered Asha to hand over the baby to Pallavi and Sushil Kumar.
“Keeping in view the welfare of the child I order Asha to hand over the child to his parents,” the judge said.
“I am not transferring this case to the Guardianship Court because it will not be in the welfare of child,” he said.
Not prepared to be separated from the child, Asha fainted several times in the courtroom and also decried the judicial system.
“We will appeal against this order in the higher court,” she later said.
However, for Pallavi and Sushil, it was time to smile as they were united with their child after a legal battle.
“We are happy our child is back with us finally,” Sushil said.
Sushil and Pallavi, residents of Ashok Vihar in north Delhi, had got married secretly in February 2006 when they were minors. The boy was born Sep 24, 2007 at the Safdarjung Hospital here and was immediately handed over to Asha, whom they had met through a common friend, as the couple wanted to avoid uncomfortable questions from relatives.
On reaching the legal age of marriage, Pallavi and Sushil formally married Nov 22, 2007.
“Soon after their marriage, the couple approached Asha to return the child but she continued to make lame excuses on one pretext or the other and did not return the child to them despite repeated requests,” Pallavi’s lawyer Kamal Singh Pundhir told IANS.
The couple then decided to move the court against Asha.
Asha had contended that she had adopted the child and a metropolitan magistrate had no power to decide the matter which could be settled either by the District Judge or a Guardianship Court.
However, the Metropolitan Magistrate rejected the argument.
Pundhir contended that Asha had failed to provide any documents to prove that she had adopted the child.
Asha’s counsel Nitin Sharma said handing over a child is enough to be considered an adoption and there are no set rules and proper procedure for the purpose.