Mumbai missing, Bombay High Court clears way for child’s adoption by couple

The Bombay High Court on Wednesday, disposed of a petition filed by a couple seeking directions to the Child Welfare Committee to grant them a certificate declaring a child free for adoption after the biological mother went missing without giving a declaration for surrender of the child.

A division bench of Justices Naresh Patil and N W Sambre allowed the pettion filed by the couple and the children’s home after the department informed the court that due order was passed.

Government pleader Poornima Kantharia said, “Following due procedure laid down under the Juvenile Justice Act, 2015, the committee has passed a detailed order allowing the certificate. Now the couple will have to register their adoption by following due procedure.”

The biological mother, a resident of Kolhapur, had approached the children’s home when she was seven months pregnant, wanting to abort. 

The reason she cited was that her husband was a drunkard who harassed her mentally and physically, prompting her to leave home.

The children’s home counseled the mother against abortion, and the child was born in April 2015. Thereafter, the Child Welfare Committee called the mother to give a declaration to surrender the child. 

However, after the first meeting, the woman was untraceable, and the communication sent to the father was returned without acknowledgment. 

The committee then published a notice in newspapers and granted the certificate. 

The court while hearing the plea highlighted the lack of facilities at children’s remand home in Mumbai, and asked the Principal Secretary, social justice department to form a committee to supervise the homes and ensure that basic facilities are provided. 

PARENTS UNREACHABLE 

• The child’s biological mother went missing without giving declaration for his surrender
   
• Communication sent to the father was returned without acknowledgment.