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Biological mother’s plea rejected, child to remain with adoptive parents: Calcutta HC

by Legal DesireDecember 4, 2016

The Calcutta High Court has directed that a two-year-old child would remain with a couple who had adopted her, despite the biological mother’s tearful plea to get her back, noting that a lower court had passed the order for adoption of the child. A division bench comprising justices Ashim Kumar Ray and M M Banerjee observed that since it was hearing a habeas corpus petition by the girl’s biological mother Jayashree Chowdhury, it would not tinker with the order of a Malda district court that had allowed the adoption.

The bench said Jayashree would have to move the appropriate forum if she wanted any relief with regard to the adoption issue. The division bench had earlier this week directed the authorities concerned in Malda district to locate the child by December two, following which the CID produced the child along with the couple who adopted her in the court on Friday.

Jayashree had married Sumanta Sarkar in her teens and had given birth to the child in September 2014. Within a few months of the birth of the child, she filed a complaint with Englishbazar Women’s police station of having been thrown out of her in-laws’ house. The child was then handed over to an NGO, which volunteers in child rights and protection, and Jayashree was sent to a government home.

As the child had reportedly fallen ill, she was admitted to a hospital and then reportedly handed over to another NGO for upkeep. A few months later, Jayashree was reunited with her husband and pleaded with authorities to get her child back, but could not locate the girl, Jayashree’s counsel Kallol Mondal said.

She moved a habeas corpus petition before the High Court, praying that her child be produced before it. Following hearing of the matter, Malda District Magistrate and SP in a report submitted before the HC by the government counsel on Friday said that the child was found.She had been adopted by a childless couple with the consent of an additional district judge of Malda in July 2015, the report said.

On being produced before the division bench, Jayashree started crying and desperately tried to take her child in her arms, but was pacified by lawyers present in the court room. Mondal said that his client would move the Malda court challenging the adoption.

Source: Indian Express

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