Biological affinity won over the love and affection of a couple as a court ordered them to hand over a child brought up by them to his biological parents.
Emotions ran high in the Tis Hazari court as Asha, who tended the baby for one year, handed him over to his biological mother Pallavi on Thursday afternoon, ending a ten-month litigation over the custody of the child.
As soon as the court ordered the child be handed over to Pallavi, Asha fainted in the courtroom. "We will appeal in the higher court," Asha said.
However, Pallavi and Sushil - who had given away their love child for the fear of social stigma - said, "We are happy that we got our child back."
"Keeping in view the welfare of the child I order Asha to handover the child to his original parents. I am not transferring this case to the Guardianship Court because it will not be in the interest of the child," ordered Metropolitan Magistrate Naveen Arora.
Asha said, "A Metropolitan Magistrate has no power to decide the custody issue. It should have been settled either by the District Judge or a Guardianship Court." However, her contention was rejected.
The counsel for Pallavi and Sushil, Kamal Singh Pundir, contended that the claimants had failed to provide any documentary evidence to prove that they had adopted the child. Sushil and Pallavi got married secretly in February 2006 when they both were minors. The child was born on September 24, 2007, at Safdarjung Hospital.
To avoid uncomfortable questions, the couple allegedly handed over the child to Asha, whom they had met through a common friend.
Pallavi and Sushil formally married on November 22, 2007, when they became adults. "After their marriage, the couple approached Asha to return the child but she started making excuses. Sushil gave her Rs 10,000 but Asha demanded another Rs 8,000," Pundhir said.
Love child returned to 'real' parents
Date: 2008-10-17
Delhi:





