Cuttack: Orissa High Court will begin hearing for the first time a writ pertaining to significant question of law involving the care and protection of a child, which comes under the Juvenile Justice Board.
A single judge bench from February 19 is slated to begin the final hearing on a writ that revolves around a four-year-old girl child, whose custody is now a subject of legal battle between the girl’s biological mother and her foster mother.
Justice B K Nayak after having received the counter affidavits from all the stakeholders, has decided to begin the final hearing regarding the fate of the child, who was taken away from the foster mother and handed over to her biological mother in November last year.
The High Court had earlier restored the ‘access rights’ of the foster mother and had allowed her to meet the child, who is now under the care of her biological mother.
The case inter alia, is about one Padmini Swain of Kendrapara district, who had abandoned Kandhei, her second girl child in September 2011 at a temple in Kakatpur of Puri district. The girl child, however, came in the hands of one Mahasweta Giri, a married woman having a boy child.
While Kandhei was under the care and custody of Mahasweta, the local police forcibly took her away and handed over to her biological mother in November 2012 following the direction of Puri child welfare committee (CWC). The Puri CWC in fact, had directed the local police to do the formality with due consultation of Cuttack CWC.
But having taken care of the abandoned child for over a year and apprehending threat to the life of the child, Mahasweta has approached the High Court claiming custody of the child. She alleges that Kandhei’s natural father had threatened to kill the child for which the child was abandoned.