1999 (9) TMI 1004

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....two girl children 'Akansha and Jayanti' were born. The husband of Priyanka was a Preventive Officer in the Customs Department of the Government of India. The said Priyanka filed the petition for issuance of writ of habeas corpus alleging therein that her daughter, Akansha is in illegal custody of Rajiv, the elder brother of her husband and the said Akansha should be produced in Court and she should be given the custody of the child. Earlier to the filing of the aforesaid petition in Delhi High Court, the said Priyanka had filed an application in a writ of habeas corpus in Rajasthan High Court at Jaipur in which notice had been duly issued and the State of Rajasthan had filed an affidavit stating therein that Akansha and her younger ....

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....e to the conclusion that the possibility of signatures of the natural mother on the adoption deed of Akansha were taken by practicing fraud and misrepresentation, as alleged cannot be ruled out. According to the High Court, prima facie it is not acceptable that the young mother would give in adoption her daughter, aged three years. The High Court also considered the question of performance of ceremonial gift and came to hold that it can be presumed that the ceremonial gift has not been performed. Ultimately, the High Court directed that the custody of the daughter, Akansha shall remain with the natural mother till appropriate Civil Courts in appropriate civil proceedings decide otherwise. It is this direction of the Delhi High Court in a ha....

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....he High Court was justified in issuing the impugned direction. 5. Before examining the correctness of the rival submissions, we would like to state one fact that in view of the allegations and counter allegations made, we had called upon the natural mother to produce the child in our Chambers to ascertain the views of the child and pursuant to the said direction, the child was produced in our Chambers. Though the child is quite young and is, therefore, not in a position to express any positive view, on questioning her we have got the impression that the child would like to stay with her natural mother and does not want to be with the alleged adoptive parents. This is borne out from the fact that even in our Chambers when the adoptive paren....