Baby kidnap case: No illegality in custody of child presently, says Kerala HC

Kochi: The Kerala High Court on Tuesday said as of now there is no illegality with regard to custody of child of Anupama S Chandran, daughter of a CPI (M) local committee member, whose baby had been put up for adoption by her parents last year without her knowledge.

A bench of Justices K Vinod Chandran and C Jayachandran were of the view that there was no reason to entertain the habeas corpus plea moved by Anupama as a family court was seized of the matter and the baby was presently with a couple -- the adoptive parents -- in Andhra Pradesh.

"Matter is pending before the family court, so what is the scope of a habeas corpus? We see no reason to entertain the petition. As per Child Welfare Committee (CWC) the child is with a couple in Andhra Pradesh. There is no illegal custody as of now.

"There is no reason for the high court to be proactive and deliver the child. So you can either withdraw the petition or we can dismiss it. We do not want to dismiss the plea," the court said.

With these remarks the bench listed the matter on Wednesday so that Anupama's lawyers can come with instructions on whether the plea will be withdrawn.

Her habeas corpus plea has sought directions to the police to produce her child whom she has not seen after his birth on October 19 last year.

Anupama has been in the news recently after she alleged that her four-day-old baby boy was taken away and abandoned by her parents without her consent and knowledge.

The allegation has been denied by her parents.

Besides her parents, she has levelled allegations also against the police and the child welfare committee of having conspired together to take away her son.

Anupama has alleged that though she had complained to the police several times since April about what her parents did, they were reluctant to register a case against the family members.

However, Peroorkkada police here later said a case was registered against six people, including her parents, sister and husband, and father's two friends, and said the delay happened as they were awaiting legal opinion.

Earlier last week, a family court stayed the adoption process of her child and directed the police to submit a detailed report in a sealed cover.

The family court had also asked the government to clarify whether the child was abandoned or given for adoption.