In a courtroom scene filled with drama, an ongoing child custody hearing took an unexpected turn as the mother of the child, who had previously surrendered the child for adoption, approached the Bombay High Court with a surprising request. Instead of asserting her right over the child, the mother firmly prayed that the 18-month-old child should not be handed over to the father but to anyone else for adoption.
Representing the mother in court, Advocate Flavia Agnes made a shocking declaration, stating that the mother did not wish to claim child custody. Her primary concern was the child’s safety, expressing apprehension about handing the child over to the “rapist” father. The case involves complex legal implications under the Protection of Children from Sexual Offences (POCSO) Act, further complicating the matter.
The case revolves around a couple from different religious backgrounds, who were neighbors residing in Andheri, Mumbai. Despite facing societal challenges, they fell in love and ran away together when the woman was still a minor and discovered her pregnancy. After living together and having the child, they returned home with hopes of gaining acceptance from their families. Unfortunately, the situation took a dark turn when the mother’s father filed a case under the POCSO Act, leading to the father’s arrest. Subsequently, the mother abandoned the child and married someone else after reaching adulthood.
The child’s father, seeking custody, faced a setback initially when the Child Welfare Committee (CWC) rejected his application, deciding to put the child up for adoption. However, the court criticized the CWC’s decision, eventually leading to the child being returned to the father. Nevertheless, the mother’s unexpected intervention has brought forth new questions about the child’s welfare and the father’s fitness as a parent.
The Bombay High Court has agreed to hear Advocate Flavia Agnes’s arguments in an open court during the next date of hearing, scheduled for August 21. This case has drawn significant attention due to its complex legal and emotional aspects, involving the child’s well-being and the rights of both parents under the POCSO Act. As the court examines the various facets of the case, it faces the challenging task of arriving at a decision that prioritizes the child’s safety and best interests.
