a rarest case of child custody


Dear friends,

kindly take pains to read this real story of a pending petition and suggest possible help for parents:

A poor mother gave birth to a male baby in government hospital on 23rd of November, 2009. On next day i.e. 24th November, "A", her sister in Law ( wife of her hausband's cusine ) took out the baby from the room to give sun bath. After some time she  came back  to the mother saying that  an stranger  took the baby  in a loving gesture whom she did not suspected and gave the baby in good faith. But, the stranger ran away out of hospital campus taking  the baby .

On the next day i.e. on 25th november, a new born baby was found in the arhar field in a nebouring village . People informed the police and a issueless person  mr. X , a remote relative of parents through "A", appeared there to take care of and willing to adapt the  baby. pollice handed over the baby to that person. The parents are saying that it is the same  baby who was kidnapped from the hospital.  Story of the police and the person who took custody of the baby is that it might have been an illegitimate baby of someone who abandoned the baby.  It is  notable here is no news of any other incident of missing of any other chiled on or arround that date.

On the claim and  FIR of the parents, the police took the baby after 20 days from the X and handed over it to the orphonage . Now the chiled is in Shishu Sadan/ orphonage. Mr x is  adamant to adapt the same baby with an argument that he nurchured the baby for 20 days. This is the version of parents alleging a planned conspiracy of "A" and "X" with collusion of local police and media, to snach the baby.

But, Police and Mr.  "X"  are  saying that the baby was found on 22d i.e. a day before the said date of birth and not on 25th.

On petition by the parents the high court summoned the baby and called police report. The police  reported that the baby was found on 22nd.   At the time of  argument, government advocate shown ( without affidavit and not on the record) a photo copy of a news item , published on 23rd November,  with the the news of said recovery of baby in the field . The court said that if it is same baby who was  born on 23rd how it's abandonment and recovery could be reported on the same day's news paper?  The court has ordered for DNA test, cost of which will be boren by State and the petitioner in proportion of 50:50.

The poor parents are even unable to arrange for money for the DNA test. They are more than assured that it is their  baby and in fact it was found in the field on 25th and not on 22nd . They are  alleging that Mr X is a rich person and has manipuleted the police , the orphonage center and the media as well.

The case is beimng handled by a junior coleague at my table and it was not proper for me to interfere without  a formal engagement/ offer. But I want to take this case on  humanitarian grounds.

In what manner and how can we  help the parents !!!


 
Reply   
 
Advocate

Dear

 

DNA test is the final solution. If anybody wants to help then he should pay for the DNA test and get the parentage confirmed. That's the only and surest solution to the present situation. That will certainly decide whose child he/she really is.

 

Valentine S. Thakkar,

Advocate,Baroda

 
Reply   
 


Medical Value Travel

Sh. Dr. Tripathi ji,
The average cost for DNA tests is roughly Rs. 18,500/- as quoted by the most reliable Chennai based Labs who are much in demand now-a-days with so many paternity suits comign onthe floor of various Courts. This Chennai firms DNA paternity test reports many a courts have accepted as valid forensic Evidence. 
If State is bearing 50% of it and the poor parents can't bear the other 50% given to understand this could be higher side of the cost for such Tests then on compasionate grounds you may willingly bear the cost at present.
However I am sure that your Junior might have mentioned under one of the Paras under "Prayer" for "litigation cost" Hoping that the DNA tests confirms the poor parents to be "related" then since you are taking the case you may press for "litigation cost" and thus recover the out of pocket expenses met for DNA test.
I hope this suggestion works fine for both.
Regards
 


Total likes : 1 times

 
Reply   
 

Thank you Shri D Arun Kumar ! I had no idea about the cost of DNA test. The petitioner's counsel as well as the Honorable Judges also had no estimation about the cost. When the honorable judges asked from the Government Advocate, he told that it would cost about Rs. 40000/- in Hydarabad. The court ordered the state and the petitioner each, to pay rs 20000/ . Cost paid by the petitioner shall be refunded to him by the state if test report comes in his favour. Weeping parents do come to my table and they suspect that the rich opponent may manipulate the DNA also. However the court has ordered that blood sample shall be taken in Allahabad in presence of District Magistrate, Senior Suprintendent of Police and the petitioner. In circumstances there is no reason to suspect on the story of parants . But, the police record and the so called news item ( unverified ) creats a suspision. There is no other natural claimant of the baby. The story of police is that it is illegitimate chiled of some unknown lady who might have abendoned due to social reasons and the petitioners have no right unless it is proved that thier missing baby is the same baby. I think that it would have been proper to grant the interim custody to the petitioners till the report of DNA test. Cirtainly the baby would have better care in weeping petitioner's custudy rather than in the custody of shishu sadan. I have my own limitations relating to professional conduct and I can not effectivelly take up the matter unless requested by my coleague /the original counsel and properly engaged by the petitioner.

 
Reply   
 
Medical Value Travel

Dear Sh. Dr. Tripathi ji,

With regards;
1. Somebody is making some money somewhere by quoting Rs. 40 K. which is bit sad in instant case.
2. Kindly see DNA pvt. company website http://www.easydna.in/ based in Chennai whose services I have usedand they have mentioned all sorts of DNA tests costs which if appropriate your Jr. can show to Court before this Rs. 40 K tests is conducted. I mean to say an urgency grounds application can be moved to save cost to poor party which is the best way out.
3. For rest I can understand Sir your heart is on this case but there are limitations which every human beaing first have before being a professional which is highly commendable nature in a professional such as your strature.
All the best.
Rgds.
ishqindia@gmail.com


Total likes : 1 times

 
Reply   
 

Thanks Shri  Arun Ji,

I coveyed Your advise to the Counsel of the petitioner . It is due to your encouragement that I abendoned my hesitation about professional ethics and suggested that counsel to  formally engage me free of charge.

 
Reply   
 
Student

Respected All,

As it is evident from the mail under reply the court has ordered for DNA test, cost of which will be boren by State and the petitioner in proportion of 50:50.

The poor parents are even unable to arrange for money for the DNA test. They are more than assured that it is their  baby and in fact it was found in the field on 25th and not on 22nd . They are  alleging that Mr X is a rich person and has manipuleted the police , the orphonage center and the media as well.

May I suggest that inability to pay or poor monetary condition should not be a detriment in fixing up the responsibility of the culprit and this material fact can be brought to the notice of the Hon'ble Court by filing appropriate application seeking amendment in the order even to the effect that the State should bear the expenses on behalf of poor parents.  More so if the need arises this could be converted into a Writ Petition as well (for the purposes of getting direction qua "STATE").

Best Regards

Daksh

 
Reply   
 

Dear Daksh ji,

I have suggested the junior counsel to call the petitioner for swearing affidavit annexed with  advice given by Mr. D Arun Kumar and the page of website of chennai firm and to file an application for modification of order in the light of rate list given on the website of the firm. 

Thanks for taking interest in the issue.

 
Reply   
 
Advocate FAMILY LAWYERS Kottayam Kerala www.familylawyers.in

Sir,

In kerala, Women's Commission will pay the entire cost for DNA test on the application of Poor lady.

 

Adv. Biju Gopal

www.familylawyers.in

 
Reply   
 

Dear friends,

Thanks to all of youagain ! Now the petitioners have won the case . It was only due to advise and encouragement of all of you that I took up the matter and the test cost was reduced by the court. The DNA test came in favor of petitioners and they got their baby back.

Thanks on behalf of petitioners also!!!.

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

  LAWyersclubindia Menu

Join the MasterClass     |    x