Gujarat Exclusive > Gujarat news > HC comes to the rescue of a man whose mother deserted his child born out of wedlock

HC comes to the rescue of a man whose mother deserted his child born out of wedlock

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Aaquib Chhipa, Ahmedabad: In an interesting case, a father had to approach the Gujarat High Court to get the custody of his child born through an extramarital affair. Notably, the four-month-old child was deserted by the man’s mother in an ashram, while he was availing treatment for COVID-19 in a hospital.

The man, who was shocked by his mother’s step, had approached the high court with a habeas corpus plea demanding that the court should give the custody of the child back to him. The court eventually came to his rescue and directed the Mahipatram Ashram to return the custody of the girl to the father.

As per the case details, the man through advocate Anik Timbalia filed a habeas corpus plea in the Gujarat High Court to get back his child’s custody from the Mahipatram Ashram. The ashram had demanded a written order from the police station for granting the child’s custody to the man. The police, however, refused to facilitate the man and give in writing to the ashram, after which he moved the high court.

The court, while granting the custody of the four-month-old girl back to the father, appreciated the work of Mahipatram Ashram for nursing the child in a proper manner. The child was deserted by her grandmother in the ashram in the month of August this year.

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After returning from COVID-19 hospital when the man inquired about the absence of his child, his mother told him that the child passed away due to medical issues when he was admitted to the hospital for COVID-19 treatment.

The petitioner doubted the fake story created by his mother. Eventually, the woman went bust and revealed that she had deserted the child at Mahipatram Ashram in Ahmedabad.

Biological mother’s consent taken by HC

The court, while granting custody of the four-month-old girl to the man, considered the DNA reports and also the consent given by the biological mother.

The girl was born on July 8 and kept as an indoor patient for more than 20 days after her birth due to her premature delivery. She was discharged from the hospital on July 28. After the child got discharged from the hospital, the father tested positive for COVID-19 on August 1 and was admitted to the hospital for 14 days.

 

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