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Synopsis

The Allahabad High Court recently directed the Child Welfare Committee (CWC), Kanpur Nagar, to compensate the father of a minor girl with Rs. 5,00,000 for relocating the girl to a children's home without any reasoning or application of judicial mind. 

In a habeas corpus petition filed by the girl's mother who sought her custody, the girl appeared before the high court and conveyed that she had been residing in Nari Niketan for the past three months, causing her to miss her Class-7 examination and lose her academic year.

Despite meeting with her mother, she consistently expressed her desire before the court to remain with her father.

Court also interacted with the girl's father, who stated that the girl has been residing with him for several years and despite him being handicapped, he was taking care of of the child and her education.

The bench of Justices Arvind Singh Sangwan and Ram Manohar Narayan Mishra observed that the girl had been living with her father for the past 5-6 years. However, as she was growing older, her mother had developed an interest in taking her custody.

The court remarked, "We have also considered conduct of the mother who had, on earlier occuasion taken custody of minor girl, ignoring her education and involved her husband in a false case".

More significantly, the court expressed surprise and shock at the way in which the Nari Niketan/Child Welfare Committee, Kanpur Nagar, housed the minor child in a Government Children's Home (Women). This type of facility is typically intended for children whose parents are not actively seeking custody, court noted. 

Court pointed out that in the present matter, the father of the girl has been capable of caring for the minor daughter for many years, as he has had custody.

Court also highlighted that in the affidavit placed before it, there appeared no application of judicial mind nor any reasoning was assigned as to why the child was sent to the Government Children Home (Women).

Furthermore, the court took note of the absence of any representative from the Committee, despite specific directions to appear.

Considering the seriousness of the case about how the committee had conducted the life & liberty of a minor girl, the court expressed strong disapproval of the action taken by the committee.

Court directed the matter to be scheduled for a hearing on May 23, 2024. In the interim, it ordered that custody of the girl be handed over to her father. Moreover, it set the child free from the court itself.

"...as Court deems it appropriate to allow the child as per her wish to stay with her father and continue her studies," the division bench said. 

However, while imposing fine on the committee for its action, court clarified that it would be open for the mother to seek custody of the girl in accordance with law by filing the petition before the competent court of law.

Case Title: Km Pooja Rajput Corpus And Another v. State Of Up And 4 Others