Karnataka High Court
The President vs Rajeshwar Wo Somashekhar Hiremath And ... on 11 June, 2018
1 Crl.R.P.No.200024/2015
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 11TH DAY OF JUNE, 2018
BEFORE
THE HON'BLE MRS. JUSTICE K.S.MUDAGAL
CRIMINAL REVISION PETITION NO.200024/2015
BETWEEN:
The President, Children Welfare Committee,
Children and Women's Development
Department, Vijaypur, Represented by the
Additional State Public Prosecutor,
Kalaburagi.
... Petitioner
(By Sri Mallikarjun Sahukar, Advocate)
AND:
1. Rajeshwari W/o Somashekhar Hiremath,
Age : 46 Years, Occ : Teacher.
2. Somashekhar S/o Basayya Hiremath,
Age : 55 Years, Occ : Service,
Both R/o Shastri Nagar,
Near Jannat Masjid, Vijayapura.
... Respondents
(By Sri Shivanand Pattanashetty, Advocate)
This Criminal Revision Petition is filed under Section
53 of the Juvenile Justice (Care and Protection of Children)
Act R/w Section 401 of Cr.P.C. praying to call for records in
2 Crl.R.P.No.200024/2015
Criminal Appeal No.41/2014 on the file of the Principal
Sessions Judge, at Vijayaput. Set aside the judgment dated
17.01.2015 passed by the Principal Sessions Judge, at
Vijayapur in Criminal Appeal No.41/2014 and consequently
hand over the custody of child to the petitioner and any
other relief that the Hon'ble Court found entitled to.
This petition is coming on for Admission this day, the
Court taken up for final disposal made the following:
ORDER
Heard.
2. This criminal revision petition arises out of order of the Prl. Sessions Judge, Vijayapur, dated 17.01.2015, passed in Criminal Appeal No.41/2014. By the impugned order, the Sessions Judge exercising his appellate power under Section 52 of the Juvenile Justice (Care and Protection of Children) Act, 2000, (for short 'the JJ Act') has set aside the proceedings of the petitioner-Committee dated 31.10.2014 recovering the child from the custody of the respondents and handing over the same to the Adoption Placement Agency by name Sri Siddeshwar Vatsalya Swadeshi Adoption Center, Vijayapur.
3 Crl.R.P.No.200024/2015
3. The respondents couple were issueless despite availing all medical treatment to beget child. Respondent No.1 is teacher in ITI College, Vijayapur and respondent No.2 is working as Group-'D' employee in Government ITI College, Vijayapur. In March-2014 during morning walk respondent No.1 found abandoned male child and informed the Child Welfare Committee. The Child Welfare Committee, Vijayapur, on obtaining various documents like medical certificate, income certificate etc., from respondents entrusted the child to them for foster care.
4. Respondents named the child as "Shrujan" performing naming ceremony inviting their relatives and friends. The child was handed over to the custody of the respondents on the decision of the Child Welfare Committee dated 29.05.2014. The respondents also got registered the birth of the child with the registrar of the birth and death. Complied the conditions of the medical examination of the child and themselves and furnished their unique identity cards etc. 4 Crl.R.P.No.200024/2015
5. The Child Welfare Committee also issued paper publication in "Kannada Prabha" Daily News Paper dated 20.05.2014 and "Vijaya Karnataka" Kannada Daily News Paper dated 12.11.2014 appraising the public about tracing of child and action taken by it regarding custody of the child with respondents and soliciting any claim over the child. Since nobody came forward to claim child, the Child Welfare Committee also consented to give the child in adoption to the respondents.
6. After all these procedures, it is stated that during the visit of the Hon'ble Health Minister of the State to Vijayapur Town some persons complained that the child is in the illegal custody of the appellants without any adoption in accordance with law. On the direction of the Hon'ble Minister, the Child Welfare Committee passed proceedings dated 31.10.2014 for recovery of the child from the respondents and recovered the custody of the child.
7. Respondents challenged the said order before the Sessions Court under Section 52 of the JJ Act. The 5 Crl.R.P.No.200024/2015 Sessions Court considering the material before it, held that child was given to the custody of the respondents with the understanding that same is going to be given in adoption to them and for foster care on complying the conditions and having done so the Child Welfare Committee cannot recover the child in the way it did in the proceedings dated 31.10.2014.
8. The Sessions Judge further held that a bond is developed between the child and respondents, having regard to the time spent by the child and respondents together. Ultimately, the Sessions Court ordered for restoration of the custody of the child and directed the Child Welfare Committee to proceed in accordance with the act for giving the child in adoption to the respondents within three months from the date of the order.
9. The President of Child Welfare Committee challenges the said order on the ground that without proper adoption as contemplated under Section 41 of the JJ Act, 6 Crl.R.P.No.200024/2015 child should not have been restored to the custody of the respondents.
10. The petitioner in the 4th ground of the petition clearly admits that it had given the child to the respondents for the foster care as required under Section 42 (2) of the JJ Act under agreement dated 29.05.2014. It is further contended that the respondents do not meet the criteria to take the child in adoption in the age group of 3 years.
11. The petitioner has given the child to the custody of the respondents. Section 58 of the JJ Act governs the procedure for adoption by Indian Prospective Adoptive parents living in India. As per Section 58(1) of the JJ Act, the prospective adoptive parents have to apply to the Adoption Placement Agency in the manner provided under Adoption Regulations framed by the Authority.
12. The learned High Court Government Pleader produces before this Court Guidelines Governing the Adoption of Children, 2011, issued by the Ministry of Women and Child Development Department. Having regard to that, 7 Crl.R.P.No.200024/2015 the parties have to workout their remedies in accordance with Section 58 and the guidelines referred above.
13. The Sessions Court has not granted the custody of the child absolutely to the respondents. It has issued directions to the petitioner and respondents to proceed in accordance with act and guidelines. No illegality is found in the impugned order. Therefore, the petition is dismissed.
14. The parties and the Adoption Placement Agency Sri Siddeshwar Vastalya Adoption Agency shall proceed with Section 58 of the JJ Act and rules if any applicable under the said Act and the guidelines referred to supra within three months from the date of receipt of copy of this order.
Sd/-
JUDGE RSP