<p>The High Court recently refused to hear the plea of a father who had moved the court seeking custody of his daughter whom he had given her in adoption 15 years ago. The High Court dismissed the petition as the petitioner was not able to establish his fatherhood before the court. <br /><br /></p>.<p>Filing a habeas corpus petition, the father, a resident of Bengaluru, sought directions to produce his daughter, now a resident of Doddaballapur. He sought directions to book case against his daughter’s guardians and sought his daughter’s custody.<br /><br />A division bench comprising Justice Mohan M Shantanagoudar and Justice RB Budihal conducted an in-camera proceedings as the daughter was a minor and that it was a sensitive matter. <br /><br />The bench had stated that they had spoken to the minor girl and asked her, in front of her guardians, and separately, about her well being and the girl had responded saying that she is living happily with her uncle and his children and that she is studying in Class 10.<br /><br />The order further stated that she does not know who the petitioner is and that she was a daughter of a couple who had died. The girl had been living with her uncle who is related to her parents. The minor girl further admitted that she does not identify the petitioner, who is claiming to be her biological father.<br /><br />Fifteen-years-ago, the petitioner who already had two daughters did not want another girl child and hence had opted to abort the baby. However, on the suggestion of his friend, the petitioner gave away his third child in adoption to a couple from Doddaballapur. The couple died due to illness and have left huge property in the name of the their adopted daughter. After knowing these details, the ‘biological father’ approached the court seeking her custody.<br /><br />The bench, in its order, stated, “As of now, there is nothing on record to show that the petitioner is the father of the minor girl although he claims to be the father. It is open to the petitioner to prove his paternity before the competent forum and thereafter seek further orders relating to the custody of the child. Till then the minor girl will be in custody of her uncle.<br /><br /></p>
<p>The High Court recently refused to hear the plea of a father who had moved the court seeking custody of his daughter whom he had given her in adoption 15 years ago. The High Court dismissed the petition as the petitioner was not able to establish his fatherhood before the court. <br /><br /></p>.<p>Filing a habeas corpus petition, the father, a resident of Bengaluru, sought directions to produce his daughter, now a resident of Doddaballapur. He sought directions to book case against his daughter’s guardians and sought his daughter’s custody.<br /><br />A division bench comprising Justice Mohan M Shantanagoudar and Justice RB Budihal conducted an in-camera proceedings as the daughter was a minor and that it was a sensitive matter. <br /><br />The bench had stated that they had spoken to the minor girl and asked her, in front of her guardians, and separately, about her well being and the girl had responded saying that she is living happily with her uncle and his children and that she is studying in Class 10.<br /><br />The order further stated that she does not know who the petitioner is and that she was a daughter of a couple who had died. The girl had been living with her uncle who is related to her parents. The minor girl further admitted that she does not identify the petitioner, who is claiming to be her biological father.<br /><br />Fifteen-years-ago, the petitioner who already had two daughters did not want another girl child and hence had opted to abort the baby. However, on the suggestion of his friend, the petitioner gave away his third child in adoption to a couple from Doddaballapur. The couple died due to illness and have left huge property in the name of the their adopted daughter. After knowing these details, the ‘biological father’ approached the court seeking her custody.<br /><br />The bench, in its order, stated, “As of now, there is nothing on record to show that the petitioner is the father of the minor girl although he claims to be the father. It is open to the petitioner to prove his paternity before the competent forum and thereafter seek further orders relating to the custody of the child. Till then the minor girl will be in custody of her uncle.<br /><br /></p>
