Court rules that the child will remain with her foster mother, who has cared for her for a decade.

Madras High Court rules 10-year-old girl will not be reunited with her foster mother. She will remain with the woman who cared for her for a decade, the court says.

Chennai: The Madras High Court has ruled that a 10-year-old girl taken in adoption by two women will not be reunited with her foster mother, but that she will remain with the woman who cared for her for a decade, according to a division bench of Justices PN Prakash and R Hemalatha.Sivakumar and Saranya, the biological parents of the child in question, said recently that Sivakumar and Saranya had Ramesh died of cancer in June 2019, and civil relations between the two families deteriorated.Saranya ultimately took her daughter from her mother, Sathya.The case was reported to a local police station, and the child was transferred to a Salem home.During the process, they both filed habeas corpus petitions requesting the child's return.

According to the bench, the police should not have considered a complaint by Saranya, investigated the case, branded the girl as a child in need of care and protection, and kept her in a Home, and if Saranya was contesting the adoption, the police should not have intervened, the court said, by mechanically bringing the child to the home.She is not an orphaned child who needs help and assistance.She has two mothers, who are fighting with each other to provide her with care and protection.The CWC's removal of the child from the custody of Sathya based on a police complaint of Saranya and its placement in the said Home, the bench said, is unconstitutional, and the judge quashed the orders and handed over the child to Sathya, who would allow Sivakumar, Saranya, and their children to have free access to her during weekends.