my First hubby died. I threw my week old kid +remarried. NOW, I WANT kid back. bcaz I'm MOTHER!
- First hubby dies in an accident
- at the time, the Women was pregnant 7 months ... probably too late to abort kid
- Just after kid is born she leaves the one week old kid with PATERNAL uncle and aunt
- Having so dealt with the kidm ABLAA NAARI , biological mother goes off and re marries
- Now, SIX years later ..... she wants the kid back !!
- Don't ask me why....
- she is the YOUNG WOMAN .... RIGHT ??
- and young women have rights.... right ??
- Now what will the court do ?
- the court interviewed both the mothers and the kid
- both the mothers cried !!
- the kid was cheerful, in second standard and want's to be a cricketer
- who knows.....one day he may become a men's rights activists
High court says 6-year-old boy may suffer trauma if 'uprooted'
Swati Deshpande, TNN | Jul 23, 2013, 02.52 AM IST
MUMBAI: The Bombay high court, which said a 6-year-old whose custody has been claimed by his biological mother cannot be "uprooted immediately," said that if he were, he could suffer from trauma.
"Uprooting the minor child from his present surroundings and handing over custody to the biological mother who has applied for it after the child was six years old cannot be immediately granted as that would cause needless trauma to the child," said Justice Roshan Dalvi.
However, the judge pointed out that "every child must know the truth about the [mother-child] relationship" and, stating that a child counsellor must be consulted, appointed one to submit a report in the case before deciding issues of custody, access and guardianship.
The child does not know his biological mother. "In a case such as this... it would be contrary to his interest to inform him without sensitivity and empathy. However, he must be informed,'' the judge said in an interim order passed on a petition where the child's paternal uncle sought guardianship rights and status.
The biological mother had handed the boy over to her in-laws and had re-married, advocates J Udaipuri and Jayprakash Dhanuka who represented the grandparents and foster parents informed court. "The child's paternal uncle and aunt raised him as their own, with the same care they showered on their own two biological children,'' they said. The boy lives with them in Kandivli.
The woman's law firm, Legal Catalyst, argued that even before the foster parents had moved the HC, she had in April already approached the Hubli family court in Karnataka for his custody as he had been "taken away" from her maternal home soon after he was born.
But Udaipuri refuted the allegation and argued that the Hubli court lacked jurisdiction. He said moving the Hubli court amounted to harassment as the woman and her new family reside in Mira Road. The woman also has a son from her first marriage who is elder to the boy whose custody she has sought. Udaipuri said this first child of hers attends school in Mira Road.
In court, the judge interviewed the child, his foster mother and his biological mother separately in chambers. Both mothers, it is learnt, wept. The child, a cheerful second-grader, confidently told the judge he wants to be a cricketer. The judge in her order said, "The child is prima facie brought up very well" and that "he is comfortable and happy."
But the HC also said "a biological mother cannot be totally kept away from the child." To ensure that the child's welfare is not hurt and that he knows about his mother too, the court asked both sides to decide on a child counsellor or child psychiatrist, and zeroed in on one from Bal Asha Trust.
The court said the counselling can't be hurried. "The counsellor may proceed at her own pace considering the comfort of the child," the judge said and posted the matter for further hearing on October 7.
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