Welfare of child in adoption cases is of utmost importance: HC

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Press Trust of India Mumbai
Last Updated : Nov 20 2013 | 8:01 PM IST
The welfare of child in cases of adoption is of utmost concern, the Bombay High Court today said on a petition filed by an estranged couple seeking exclusive custody of a 6-year-old girl whom they wanted to adopt in 2010.
The court reserved its order till November 25.
The woman from Goa and her Italian husband, who were appointed guardians of the child, had been fighting for the custody of the minor, who is currently living with the husband for past two-and-half years in Pune.
On June 11, 2010, the couple was granted guardianship of the girl by a family court in Pune.
They were asked to reside with the girl for a year before allowing their adoption petition.
However, they separated within a year and the wife continued to stay in her ancestral home at Goa, whereas the husband shifted to Pune.
Rohan Cama, counsel for the wife, argued that in June 2011, the husband got an ex-parte (without hearing the other side) sole custody of the child.
"The wife was served with the notice but she could not visit Pune as her mother was ill and bed-ridden," argued Cama.
Only in July 2012, she learnt about the court order when he did not return with the child, the lawyer said.
"The girl was in wife's custody and the husband used to visit her every morning and take her to school. Once when he did not return, she went to lodge a police complaint. It was the police who informed her that the husband has been given the child's custody," Cama submitted.
The court was further informed that the husband had tried to take the child to Italy through Italian consulate. However, the consulate denied granting visa to the child saying that the mother has joint guardianship and her consent too would be required.
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First Published: Nov 20 2013 | 8:01 PM IST

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