Bombay HC: Child stays with Kalaburagi couple despite pending human trafficking case against them

The Nagpur bench of the Bombay High Court has held that a child cannot be taken away from a couple merely because a criminal case of alleged buying and selling of the child and human trafficking is pending against them. The court ordered that the child remain in the custody of the couple, who live in Kalaburagi, Karnataka.

Justice Mehroz Pathan dismissed the state government's revision petition. The court said the child's future, emotional state, present surroundings and best interests must be given equal weight. It placed particular importance on the child's present life, his relationship with the couple and the care he receives.

The child was born on September 6, 2021, at a medical hospital in Nagpur. A few days later, on September 16, 2021, a notarised document on adoption was drawn up between the child's biological mother and the couple.

It was around this time that the alleged sale of the child came to light. It is alleged that a woman named Rajshree bought the child for Rs 1 lakh and later sold him to the couple. On the basis of this alleged transaction, police registered a human trafficking case. During the investigation, the couple who had the child with them were also named as accused.

After the matter came to light, the child was placed in the Shraddhanand Orphanage in Nagpur through the Child Welfare Committee. Legal proceedings for handing over the child then began and the matter reached court.

After hearing the case, the sessions court ordered on February 10, 2023, that the child be handed over to the couple. The state government objected and filed a revision petition in the High Court. The question before the High Court was whether, when a human trafficking case is registered against the couple, the child should be separated from them on that ground alone.

After examining all aspects of the case, the court said that the decision on whom the child should be handed over to cannot rest solely on the registration or pendency of a criminal case. The child's real interests and circumstances must also be examined.

During the hearing, the High Court also spoke to the child. He appeared comfortable and happy with the couple. The court also noted that the child is currently studying at a school in Kalaburagi and that the couple are looking after him properly. In view of this, the court held that separating him from the couple at this stage would not be in his interest. The sessions court's order was therefore upheld, and the child will for now remain with the couple in Kalaburagi.

The High Court made one more thing clear. Its observations and findings on handing over the child will have no bearing on the criminal trial against the couple. The criminal court will separately consider the charges of human trafficking and alleged buying and selling of the child in accordance with law.

Advocate Atul Pande appeared for the couple.