The Punjab High Court in Manisha Maheshwari v/s State of Haryana and others (CRWP-822-2021 (O & M), delivered on 11th April 2023, held that custody of the child to be denied to the biological mother on grounds of abandonment. The judgement was presided by Honorable Mr. Justice Sureshwar Thakur.
FACTS OF THE CASE:
The petitioner was the biological mother of the child who had abandoned the child on account of solemnisation of her second marriage in the year 2018. The petitioner was a disciple of a Guru, Anupama Muni, whom she handed over the custody of the minor child. However, the petitioner contended that the document was forged and denied handing the custody of the child. The petitioner also denied the claims of best education and attention being provided to the minor child.
The court held that on interaction with the minor child, the child was happy to reside on the company of the adoptive parents. Besides, the petitioner had abandoned the child when the health of the child was frail and the best medical care and education was provided by the parents in custody of the child. A reference was made to Manju Tiwari versus Dr. Rajendra Tiwari, (SC) AIR 1990 SC 1156). Further, Court had made references to the paramount consideration or the sine qua none, rather governing the handing over the interim custody to the claimants concerned, inasmuch as, it giving the befitting reverence “to the happiness and the best care givings to the minor child besides its ascertaining the wish of the minor child”. It was held that there was no material as proof of optimum care not being provided to the child nor any unwillingness expressed by the child to continue to stay in the company of the adoptive family. Prima facie, the court had inferred that the child was in need of care and protection which was provided by the adoptive parents. The minor child revealed his unwillingness to join his biological parents, thus the court held that the biological parents to were no entitled to the interim custody of the child.
JUDGEMENT REVIEWED BY ARYA THAKUR.