In a recent ruling, the Madras High Court denies child custody for a HIV-positive woman, seeking the return of her three-year-old child, who had been in the care of another couple since birth. The court’s decision comes amidst a contentious legal battle over the custody of the child.
The woman, asserting that there was no valid adoption in place, contended that the child rightfully belonged to her. She recounted giving birth to a baby boy in 2020, only to have her father temporarily place the child with another couple due to her HIV status. However, when she later attempted to reclaim her child, the adoptive couple refused to relinquish custody.
Despite filing a complaint with the police in 2022 to regain custody, the woman’s efforts were thwarted when the adoptive mother of the child petitioned the court to be appointed as the guardian. The adoptive mother argued that she had been entrusted with the child with full consent from the biological mother, who was dealing with HIV at the time of the arrangement.
Justices MS Ramesh and Sunder Mohan, presiding over the case, emphasised that fundamental facts were under dispute and thus, the court was not inclined to arbitrate on them under Article 226 of the Constitution of India. They noted that the child had been under the care of the adoptive couple since birth, now aged three years and nine months. Consequently, the court deemed it in the child’s best interest to remain with the adoptive parents for the time being.
The court highlighted the pending petition under the Guardian and Wards Act, 1890, filed by the child’s adoptive mother, awaiting adjudication before the Principal District and Sessions Judge. Accordingly, the habeas corpus plea was dismissed, granting the petitioner-woman liberty to visit the child once a week. Additionally, the Principal District and Sessions Judge were directed to resolve the guardianship petition within six months.
The ruling underscores the complexities surrounding adoption and custody disputes, emphasising the paramount concern for the welfare of the child amid legal proceedings.
In the wake of the act that Madras High Court denies child custody highlights the legal complexities surrounding family law and child welfare come to the forefront. Vakilsearch stands ready to provide expert legal assistance and guidance to individuals navigating similar challenging situations. Our experienced team of family law attorneys offers compassionate support and comprehensive legal solutions to help clients protect their rights. Trust Vakilsearch to navigate the complexities of family law with integrity and expertise, ensuring a fair and just outcome for all parties involved.
