India | Updated Oct 17, 2008 at 02:59am IST

Bilological parents win child's custody

Parikshit LuthraParikshit Luthra, CNN-IBN

New Delhi: Biological parents of one-year-old Kamal, Sushil and Pallavi won his custody case over his foster parents Satbir nad Aasha who had been taking care of him for a year.

Sushil and Pallavi gave birth to a Kamal a year ago, but decide not to look after him since they were not wedlocked at that time. So they gave the child to Satbir and Aasha, thinking they could always get it back once they were formally married.

However, a year later when the couple demanded the child back but when they went back to get their child the foster parents not only refused but even threatened them with dire consequences. Sushil and Pallavi had no choice but to go to court.

Kamal's foster parents have lost the case to his biological parents, but now feel injustice has been done to them. The couple is inconsolable after losing the custody of the child she took care of for one whole year.

"This will now set an example for people to give birth to kids and then just leave them in garbage dumps," said Kamal's foster father.

The defendants on the other hand said that mere delivery of the baby was enough to fulfill the basic condition for adoption. The Tees Hazari Court upheld the plea of the petitioners and ordered the child to be handed over to the real mother.

Metropolitan magistrate Naveen Arora said, "No doubt she has taken care of the child for one year and she must have showered all her love on him, but this argument is not sufficient to deny the child the love of his natural parents."

The court also kept in mind the age of the child and said that if the matter took longer to be sorted out it could have an adverse affect upon the child and his personality.

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