Madras High Court grants custody of child to adoptive mother in custody battle against biological mother

The Madras High Court recently granted custody of a child to her adoptive mother, who also happened to be the aunt of the child. .The Bench of Justices PN Prakash and R Hemalatha while granting custody to the aunt, permitted the biological parents to have access to the child during weekends..The adoptive mother and her husband were childless, while her brother and his spouse were blessed with three children. It was agreed by the parties to give their middle child in adoption to the childless couple when she was merely 3 and a half months old.Following the adoption, the child was raised by the adoptive parents. Unfortunately, in June 2019, the adoptive father died of cancer after which the relationship between the two families soured..The biological parents alleged that they were not being given free access to the child and made a complaint to the Commissioner of Police who forwarded the same to the Inspector of Police. When the Child Welfare Committee (CWC) was informed, they admitted the child to a reception home and took away custody from the adoptive mother, branding the child "in need of care and protection"..In pursuance of the child’s custody, both the adoptive and biological mothers filed Habeas Corpus petitions before the Madras High Court. The adoptive mother approached the Supreme Court seeking a writ of Habeas Corpus which was disposed of while giving leave to the woman to approach the High Court.When the matter came up before the High Court, it was first referred for a mediation. During mediation it came to light that the child loved both mothers and wished for them to live together..The Division Bench was of the opinion that the act of the police branding the child in need of care and protection and keeping her in a reception home was improper. It was stated that they ought not to have interfered in such a case by removing the child from the custody of the mother.“The police should have directed the parties to settle the matter before the civil Court and if Saranya was disputing the adoption, it was for her to seek redress under the Guardianship and Wards Act, 1890, or for seeking a declaration that the adoption is null and void,” the Court said.The Court observed that after the child was lodged in the reception home, she was distraught and began seeking help on social media..Acknowledging that a remedy to appeal the orders of the CWC was available under the Juvenile Justice (Care and Protection of Children) Act, the Court still intervened reasoning that the police acted beyond the scope of the Act by mechanically lodging the child in a home.“(The child) is not an orphaned child, who is in need of care and protection. On the contrary, she has two mothers viz., Saranya and Sathya, who are fighting with each other to give her care and protection.”.Therefore, finding the order of the CWC clearly illegal, the Court set aside the same. Further, the adoptive mother was given the custody of the child, while allowing the birth parents visitation on weekends.Before concluding, the Bench expressed deep appreciation to the mediator for “deftly handling this sensitive case”.