Mumbai: High Court Bombay denies Child under Custody for the Biological Parents
Observing that the balance needs to be beaten between the welfare of the child and the parent’s sentiment in detention problems, the Bombay High Court on Friday refused to give the Child custody of a six-year-old boy to his biological parents. HC said foster parents, with whom the child lived for the past six years, were in better condition to care for the boy.
Children’s detention is a sensitive problem
Judge Atul Chandurkar and Nitin Suryavanshi said, “Children’s detention is a sensitive problem, which involves sentimental attachment. Child welfare must be considered in the background of the relevant facts of each case. The balance was hit between the attachments and sentiments of the parties to the child.”
Biological parents claim to have a love and blessed relationship with a baby boy.
The bench was confiscated by a pair looking for custody in their six-year-old boy, who was handed over to other couples just two days after the birth of a child. As per the request, biological parents claim to have a love and blessed relationship with a baby boy. Parents from biological mothers oppose love relationships because the couple is not married at the birth of the child. Therefore, his father gave the child to another couple, who guarded the child to date.
In accordance with the parents of the biological mother, they opposed the affair of love and that their daughter was not recognized by her lover.
To save a family reputation, the parents handed over the child to foster parents.
Judges, while considering the request, noting that the biological father was a driver and was already married, and had three children from his first marriage.
“The financial condition seems unhealthy. Biological parents have failed to prove that they get a steady and regular income,” said the judges.
six years, the child is maintained and raised by foster parents
“Since six years, the child is maintained and raised by foster parents. The child, naturally attached mentally and emotionally to foster parents and has developed a bond with them. They both appeared in a position to look after the children and to provide facilities Adequate to him in the right and fun way. They seem to provide good care to children, “said the judges further.
Biological parents family is truly foreign environment and circumstances
Further bench says that if custody is handed over to biological parents then it will cause emotional turmoil to the child. “He will be removed from the current foster family and the environment where he grew up and will be asked to enter into a truly foreign environment and circumstances, where it will be difficult for him to adjust,” the judges held.
Reason to deny detainees to the biological parents
The bench further clarified that the only reason to deny detainees to the biological parents was that they were not only financially healthy and also that the child was emotionally attached to foster parents.
child welfare in terms of financial position
“Except for the child, there is no other responsibility for foster parents. We clarify it here that we do not think of child welfare in terms of financial position, but it must be considered as one of the relevant factors,” said the bench.
Foster parents take care of health, education, intellectual development
“Foster parents take care of health, education, intellectual development and give him a profitable environment and they compensate for moral and physical values in children. In our opinion which is considered, they are in a better position to maintain morale and physical welfare examination,” said the judges.