Punjab and Haryana High Court sets aside order sending orphan to child care institute

Saurabh Malik

Advertisement

Tribune News Service

Chandigarh, August 21

The Punjab and Haryana HC has set aside the orders of Gurugram Child Welfare Committee whereby a minor who had lost her parents and grandparents to Covid was sent to a child care institute.

The HC also ordered the restoration of the child’s custody to relatives she was staying with after the tragedy.

Taking up the matter, Justice Vikas Bahl of the High Court also expressed hope that the petitioner-“blood brother of the minor’s father” and respondent-“real paternal aunt and uncle” would stand firm on their undertaking of not selling her share in property and “put it in her name once she attains majority”.

The matter was brought to the High Court’s notice after the petitioner submitted that the minor was staying with them since April 24. He had even had filed a petition under the provisions of the Guardians and Wards Act before the competent court and the matter was pending.

He also submitted that the committee, on the asking of the respondent-relatives, sought the child’s production. It then ordered sending the child in the custody of a child care institute.

The respondent-relatives, on the other hand, stated they too had extreme love for the minor and had filed custody case before the competent court at Gurugram.

Justice Bahl asserted the court had considered the entire matter and was of the opinion that impugned orders deserved to be set aside and custody handed over to the petitioner.

“Her continuance in the shelter home would cause great mental and psychological harm to the child, more so when there are two close relatives and both wanting to take care of the child and have sufficient means to do the same… Since, the minor child was admittedly residing with the family of the petitioner when her custody was taken by respondent-committee, this court feels that till the time the matter is not adjudicated by the Guardian Court/Civil Court with respect to custody of the minor child, the custody of the minor child should be given to the petitioner so as to observe status quo ante…,” Justice Bahl concluded.