“Neither there is any application of judicial mind nor any reasoning is assigned as to why the child is being sent to the Government Children Home (Women)”: Allahabad High Court
April 23, 2024 2024-04-30 11:55“Neither there is any application of judicial mind nor any reasoning is assigned as to why the child is being sent to the Government Children Home (Women)”: Allahabad High Court
“Neither there is any application of judicial mind nor any reasoning is assigned as to why the child is being sent to the Government Children Home (Women)”: Allahabad High Court
By Praneetha Shivaprasad
A division bench of the Allahabad High Court imposed costs upon the child welfare committee in a Habeas Corpus Petition for non-application of mind. The 15-year-old child had been ordered to stay in the lodging provided by the CWC for 3 months and consequently lost an academic year since she was unable to attend the examinations. The order of the court emphasized that the father with whom the child had stayed for many years was willing to take care of the child. The child also wished to stay with her father. The court noted that the mother wanted custody of the child but she did not visit her often when she was younger. The court provided custody to the father and provided leave to the mother to petition for custody in the appropriate forum. Cost of Rs.5 Lakhs was imposed on the CWC to be paid to the father for denying custody of the child without application of mind. The case is still ongoing. (HABEAS CORPUS WRIT PETITION No. – 228 of 2024).
