1999 (9) TMI 1004 - SC - Indian Laws

Summary

Issues:
1. Jurisdiction of Delhi High Court in habeas corpus petition.
2. Legality of adoption deed and custody of child.
3. Forum shopping by natural mother.
4. Views of the child in custody dispute.

Analysis:
1. The case involved appeals against a Delhi High Court judgment in a writ of habeas corpus filed by the natural mother of a young girl named Akansha. The High Court examined the legality of an adoption deed to determine the custody of the child. The High Court concluded that while the adoption deed was not illegal, it did not inspire confidence, and there were doubts about the signatures of the natural mother on the deed. The High Court directed that the custody of Akansha remain with the natural mother until a competent civil court decides otherwise.

2. The appellants contended that the High Court exceeded its jurisdiction by examining the adoption deed's legality and making conclusions based on conjectures. They argued that the statutory presumption of a registered adoption deed under the Hindu Adoption and Maintenance Act should have been considered. The appellants also raised concerns about forum shopping by the natural mother, who had filed habeas corpus petitions in both Rajasthan and Delhi High Courts.

3. The natural mother's counsel argued that the circumstances under which the mother was deprived of caring for her children justified the High Court's direction regarding custody. The Supreme Court noted that it had called upon the natural mother to produce the child in chambers to ascertain the child's views. The child indicated a preference to stay with the natural mother, leading the Court to uphold the Delhi High Court's decision to grant custody to the natural mother until a competent forum decides on the adoption deed's validity and custody.

4. Despite finding merit in the appellants' arguments regarding jurisdiction and forum shopping, the Supreme Court declined to interfere with the Delhi High Court's decision due to the child's expressed preference to stay with the natural mother. The Court emphasized that the High Court's observations on the adoption deed's validity and custody suitability would not be binding in pending proceedings, maintaining the need for a competent forum to make a final determination on these matters.