Child restored to adopted mom

Chennai: A weeping mother, who appeared before the Madras high court, after her one-year-old adopted baby girl was forcefully taken away by the Salem Childline with the help of the local police, got a reprieve, with the court directing the Child Line to hand over the child to her in the court itself.

Valliammal and her husband, who were childless, adopted a female child from their relative Unnamalai, a widow with three girls.

On November 23, 2012, an adoption deed was executed between her and Unnamalai and Valliammal and her husband began to take good care of the child.

On October 3, 2013, the Director of Salem Child Line came to her house along with the police and took custody of the child without any complaint having been filed.

Allowing Valliammal's habeas corpus petition, a division bench, comprising Justices S. Raje­sw­aran and P. N. Prakash, said, "Though the conte­ntion of the Childline and District Child We­lfare Com­mittee, Salem is that the adoption is illegal and so on, we are not able to comprehend the taking away of the minor child from the custody of the petitioner.

Admittedly, there is an adoption deed, which makes it clear that the petitioner has adopted the child from Unn­am­alai and horoscope of the child has also been written.

May be the adoption is not done legally in a proper manner. But the fact that the child has been in the custody of the petitioner from November 23, 2012 cannot be denied.

Therefore, when the child has been in the custody of the petitioner and her husband and they have also showered love and affection on the child as they had no issues, it is improper on the part of the officials to have gone along with the police and taken the child forcefully from her custody."

Moreover, there was no complaint lodged by anyone to the Childline that the child was put to harassment or ill-treatment.

"Taking away the child forcefully from the custody of the petitioner is not correct and therefore, in the fairness of things and also to meet the ends of justice, we direct the Childline to hand over the child to the petitioner, the adoptive mother, in the court itself and the same has been done. The adoptive parents have willingly taken the child along with them," the bench added, and directed the adoptive parents to produce the child before the District Social Welfare Officer and the District Child Welfare Com­mi­ttee, Salem every Friday for three months, in order to monitor the welfare of the child.