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The principle of distributive justice aims to bridge the gap between “have and have nots: Karnataka High Court

In a civilised society, it was unfortunate that an innocent child was left un-breasted because the lactating mother was unable to access her child. Such an opinion was held by The Hon’ble High Court of Karnataka, at Bangaluru before the Hon’ble Mr. Justice Krishna S. Dixit in the matter of  Smt Husna Banu V/S State Of Karnataka [WP No. 16729 of 2021(GM Police) C/W WP No. 15044 of 2021(GM Police)]. 

The facts of the case are associated with the petitioner who had filed a writ petition under articles 2206 and 227 of the Indian Constitution, prayed to the respondents to hand over the child Mohammed Arhaan’s custody to the petitioner as she’s her biological mother. In such a case, it appeared that there was an involvement of rivalry between the foster mother and the biological mother. The child was with the foster mother for about a year. A writ petition was also filed by the foster mother and her husband [WP No. 15044 of 2021] dated 12.08.2021. Further, both the petitions, by the appeal of the Bar, were taken together. The learned counsel, representing the foster mother contended that the allegations made against the foster mother were fallacious and that the foster mother was a victim of circumstances. Further, the learned counsel stated that the child was fostered well with ample love and care; also the biological mother have two children while the foster mother had none. 

The learned counsel, who represented the biological mother submitted that the claim of biological was literal. He also stated that his client had suffered agony for a year because of her child being kept away from her. Stating the difficulties that a mother could face when her suckling child was kept away, the counsel sought for dismissal of the appeal made by the foster mother. The Hon’ble Court after considering all the facts mentioned by both the parties held that the biological mother should be given custody of the minor child. The Hon’ble Court also stated that the foster mother can see the child whenever her heart desires. The Hon’ble Court mentioned that the kind gestures from both the women hailed from two different religious backgrounds were a rarity.  

The Hon’ble High Court of Karnataka, at Bangaluru before the Hon’ble Mr. Justice Krishna S. Dixit, pronounced “In above circumstances, these Writ Petitions are disposed of; there is and shall be no cause of action against the foster parents in civil or concerning the alleged kidnapping of the child. The observations hereinabove made being confined to the disposal of these two Writ Petitions shall not influence the collateral proceedings taken and/or to be taken against others.”

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Judgment Reviewed by Bipasha Kundu

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