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NEW DELHI: A woman who gave her love child to an acquaintance to avoid social stigma and is fighting a legal battle to get the child back has got a ray of hope. A trial court said the child was given to the present custodian only on a "temporary basis".
Asking the Delhi Police to produce the one-year-old child before the court, metropolitan magistrate Naveen Arora said, "...(the) child was delivered by the complainant (woman) whose custody was voluntarily handed over by her to the accused (couple) but the circumstances in which the custody was given is quite understandable.
And that was given just to avoid the social stigma of delivering a baby before marriage but the fact that she married the father of the child later on itself shows prima facie that they must have given the custody of the child on temporary basis to the accused."
In her petition, the woman said she had handed over her 17-day-old child to the couple for four months. However, after she got married in November 22 last year, despite repeated pleas, the couple refused to fulfil their promise to hand over the baby.
When a legal notice was sent, they claimed that the baby had been given to them for adoption. But as the couple failed to produce documentary proof of adoption, the court said it was a fit case for issuance of search warrant for securing the custody of the child by the natural parent.
"The accused could not show that any ceremony took place for giving the child in adoption which is pre-condition for a valid adoption and in the absence of valid adoption the natural parents have all the rights to claim the custody of the child," the court said. more
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