In a unique case, the Madras High Court Bench here on Thursday handed over the custody of a seven-month-old baby girl to an childless couple who had adopted it with the consent of her biological father on the day when her mother died after delivering her.
Disposing of a habeas corpus petition (HCP) filed by the maternal grandmother of the baby from Theni, a Division Bench comprising Justice S. Tamilvanan and Justice V.S. Ravi held that the petitioner, aged over 60 years, might not be able to take good care of the baby.
They also pointed out that the petitioner had filed the HCP by levelling false charges against the childless couple of having detained the baby illegally though they had legally adopted the child with the consent of its biological father who had now married another woman.
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Stating that the welfare of the child would be the paramount consideration while granting its custody, the judges said they were of the view that the couple would be the most appropriate people to take care of the baby in the absence of her biological mother.
The judges said the baby could not be handed over either to the biological father since he had married another woman after the death of his first wife or the petitioner who already had many grandchildren born to the siblings of the baby girl’s biological mother.