‘Minor Girl Child Will Not Be Handed Over To Biological Father’- The Supreme Court Stayed The Order Of The Orissa High Court

‘Minor Girl Child Will Not Be Handed Over To Biological Father’- The Supreme Court Stayed The Order Of The Orissa High Court

Taking cognizance of the ongoing battle for the custody of a girl child, the Supreme Court has stayed an Orissa High Court order directing the adoptive parents to hand over the girl child to her biological father.

A vacation bench of Justice BV Nagaratna and Justice Manoj Mishra, in its order on Friday, said, “There shall be an interim stay on the direction of the High Court directing the petitioners to hand over the custody of the minor girl child to the respondent number two (biological parent) till further orders.”

The apex court was hearing an appeal by the adoptive parents of the child challenging the April 3 order of the Orissa High Court asking them to hand over the child to her biological parents. Deciding to examine the petition in the interest of the child, the apex court issued notice to the person who is claiming to be the biological father.

Earlier, the father had moved the High Court seeking custody of the girl child by filing a petition under ‘habeas corpus (parental) jurisdiction of the Nation’. It is usually enforced by the courts when the rights of minors and persons with disabilities are violated.

The man had alleged that his daughter was being illegally held by his sister, niece and niece’s husband. However, other parties claimed that they were adoptive parents and that the child was given in adoption.