Split-up couple fights over custody of adopted daughter

The Bombay High Court today refused, for now, to give full custody of an adopted child to her mother following the parents' split-up, saying that it may not be good for the child to "uproot" her from the existing environment at this stage.
The division bench of Justices V M Kanade and M S Sonak was hearing appeals filed by the mother and her estranged Italian husband, both presently living in Pune.
In June 2010, the couple adopted a two-and-a-half-years old girl from a Pune adoption centre. A year later they split, when wife had daughter's custody.
In June 2011, the husband got an order from the family court granting him custody. Aggrieved, the wife moved the High Court seeking custody of the child as well as maintenance from the husband.

"At this stage we are not inclined to grant full custody to the mother. The child has been living with her father for two years. We do not know what kind of trauma the child may face if she is now uprooted and sent to her mother's house," Justice Kanade said.
Granting a partial relief to the mother, the court said, "The father shall drop the child with the petitioner wife after school hours and pick her up in the evening every alternate three days in a week. Let this arrangement continue till December 23 when we will review the situation."

The wife has contended that as per the Child Adoption and Regulation Act a single male can not be given a girl-child in adoption. The husband's contention is that child's welfare should be of paramount consideration.
He has also alleged that the child had to live in unhygienic conditions in the wife's house when they were living in Goa.