26 Oct 2007 The Times of
JAIPUR: The nine-year-old daughter of an HIV-positive woman who was denied custody of the child, will now decide if she wants to stay with her mother or her grandparents.
The additional district court here has ruled that the girl should be allowed to choose, despite a subordinate court earlier ruling that the she live with her grandparents as her mother was HIV-postive and therefore, would not be able to care for her.
The class V student has been living with her grandparents at Sahar village in Jhunjhunu district of Rajasthan. The girl's father, who was in the army, died of AIDS in 2003. The girl's mother, in her petition, had alleged that her in-laws had thrown her out of the house in 2006 and forcibly taken custody of her daughter.
She sought her custody saying, as her biological mother, she was her natural guardian and also pointed out that her daughter is a minor.
Her father-in-law, however, contended that since the child's mother was living in an ashram with other HIV positive people, the safety of the child and her health would always be in danger if she lived with her mother.
The father-in-law contended that they be allowed to retain custody of the child in view of her future and health.
Additional district judge Prithviraj said since the girl was nine years old and a student of class V, she was capable of deciding whether she should live with her grandparents or with her mother.
Counsel for the mother, AK Jain, moved a petition against the order of the lower court in the additional district judge's court. The mother had filed a petition against her father-in-law under section 12 of the Domestic Violence Act, alleging that he had forcibly taken custody of her only child.
She contended that the deprivation of the child was punishable under the Domestic Violence Act and she should be handed over the custody of the girl child.
Counsel for the mother, AK Jain, however, said they would appeal against the additional district judge's order in high court as the girl was a minor and wasn't capable of taking a decision. And being a mother, his client should be allowed to keep the child with her.
With thanks from THE TIMES OF INDIA
deepakmiglani@hotmail.com
1 comment:
Good Article, Keep it up
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