ICSE student to stay with adoptive parents till test
Times of India | 28 January 2025
Kolkata: Heeding a teenager's wish, Calcutta High Court on Monday allowed her to stay with her adoptive parents until she completes her ICSE examinations. The child is currently in a shelter home as her biological and adoptive parents fight in the HC for her custody. The child was given to her adoptive parents by her biological mother when she was young, but her biological father says he never consented to this adoption.
Earlier on Friday, Justice Tirthankar Ghosh sought the teenager's statement on whether she wanted to return to her adoptive parents, with whom she had been residing since she was only six months old. A female police officer was asked to speak with the child. "The child desired to go to the adoptive parents," Justice Ghosh was informed on Monday. Given that the child is set to appear for her ICSE examinations from Feb 18 to March 27, her biological father and adoptive parents agreed to abide by HC's interim custody arrangement.
The judge asked for the teen's statement considering a criminal case filed by the biological father was ongoing. The adoptive parents filed an application before the HC in the case filed by the biological father, seeking the child to be returned for the upcoming examination. They pleaded that her study sessions were being affected as she was made to stay in a shelter home. Since the examination commences on Feb 18, the high court directed the child to be released on the personal bond of the adoptive parent.
The biological father approached the single bench of Justice Tirthankar Ghosh, stating that his younger child was given away without his knowledge. He further contended that he was unable to find the child and was worried for her well-being as he suspected foul play. It was his counsel's claim that under the Juvenile Justice Act, a child cannot be given up for adoption without the consent of both parents. In this case, he was clearly unaware of the decision taken solely by the biological mother years ago, the counsel argued. It also surfaced that he was in a rehabilitation centre for some time.
"Since the investigating officer has traced the girl and the investigation is progressing, no interference is made by this court at this stage. As far as the merits of the case are concerned, the investigating officer of the case will take the investigation to its logical conclusion considering the facts," Justice Ghosh held. He further directed the biological father and the adoptive parents to approach the civil court for further remedies.