Court: Kerala High Court, India
Bench: Honourable Mr. Justice P.B.Suresh Kumar & the honourable Mrs. Justice C.S. Sudha
Case Title: Santha Kumari v. State of Kerala & Ors.
Case Number: WP(CRL.) NO. 296 OF 2023
Date of Judgement: 10 July 2023
Act Referred: National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999
Brief:
No one else can give to the ward all that a mother can give to her, said the Kerala High Court while uniting a differently abled child with her mother.
Invoking parens patriae jurisdiction to ensure that the child is not left "at the mercy of others, a Division Bench of Kerala HC, ordered the girl child with autism be united with her mother instead of being in an institution after the death of father.
The crux of the case is that the petitioner-mother was living separately from her husband after the birth of the child in question. The child resided with the father who obtained an order under Section 14 of the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 (hereinafter, 'Act, 1999'), appointing him as the guardian of the ward and his second wife (6th respondent) as the alternative guardian.
After his death, the petitioner sought the child's custody who was meanwhile handed over to the Grace Home Charitable Society (5th respondent) by the local authorities. The 5th respondent insisted on concurrence of the District Administration and the Gram Panchayat however, the same was refused. Hence this petition was filed.
Court observed that Section 14 does not affect in any manner, the rights of the parents of persons with disability to take care of their dependent children with disabilities, if they are not otherwise disqualified. The Court thus directed the petitioner to submit an affidavit as to whether she would be in a position to care for the ward. Ultimately, finding the petitioner fit, the Court ordered that the child be handed over to her.
Read the Judgement below: