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Madhya Pradesh High Court · body

2020 DIGILAW 774 (MP)

Naresh Singh v. State of M. P.

2020-08-05

SHEEL NAGU

body2020
ORDER 1. Learned counsel for the petitioners informs that the proscutrix has delivered a child on 28.7.2020. It is informed that the delivery was normal and the mother and child are in healthy estate. 2. This petition had been filed initially with a prayer for termination of pregnancy of the petitioner No.2 (victim/prosecutrix) who happens to be the minor daughter of the petitioner No.1 along-with further relief of appropriate medical treatment. 3. This Court while taking cognizance of the matter, sought the advice of the medical experts as regards the tenability of the prayer for termination of pregnancy which at the time of taking cognizance of this case was nearly of thirty weeks which were beyond the maximum prescribed limit under the Medical Termination of Pregnancy Act, 1971. The doctors were of the view that the termination of pregnancy is not possible at this advance stage. 4. This Court after considering the tender age of the victim/prosecutrix i.e. 15-16 years was not in favour of giving any direction for termination of pregnancy as it may endanger the health and life of the victim/prosecutrix. 5. This Court sought assistance of Mr. Dudawat who represents the Child Welfare Committee, Morena to assist this Court in the process of molding of relief and giving appropriate direction as regards the procedure to be adopted for handing over the child to be born for adoption to the appropriate agency working under CARA, and thereafter initiating the process of adoption. 6. Shri Dudawat in his capacity as Amicus Curiae assisted this Court by informing that the victim/prosecutrix is being taken care by the Child Welfare Committee, Morena and since the expert medical treatment is not available at Morena, the victim/prosecutrix has been shifted to the hospital at Gwalior. 7. This Court further directed the Collector, Gwalior and Morena to ensure bearing of all the expenses to take care the treatment and welfare of the prosecutrix/victim. The Department of Women and Child Development under the State Government was also asked to assist. 8. As informed, the prosecutrix/victim delivered a healthy child on 28.7.2020 and along-with child she has been shifted to the Morena hospital. 9. The Department of Women and Child Development under the State Government was also asked to assist. 8. As informed, the prosecutrix/victim delivered a healthy child on 28.7.2020 and along-with child she has been shifted to the Morena hospital. 9. Learned counsel for the petitioners who represents the father of the petitioner No.2 (prosecutrix/victim) informs that the petitioners are not willing to accept the child and are ready and willing to surrender the child in favour of CARA rendering the child thereby eligible for adoption. 10. In view of above, this Court exercising its extra-ordinary powers under Article 226 of the Constitution of India molds relief so as to suit the changed circumstances developed during the pendency of this petition and to prevent miscarriage of justice and disposes of this petition with the following directions : 1. Petitioner No.2 (prosecutrix/victim) shall be taken care of at the expenses of public exchequer by the Collector, Morena so that there is no deficiency in the quality of treatment, diet and others requirements, necessity and comfort till petitioner No.2 is fit to resume normal day to day activity as opined by the Doctor concerned. 2. The Child Welfare Committee, Morena shall assist the petitioner No.1 (father of the petitioner No.2) to take appropriate steps and complete the prescribed formalities under the Juvenile Justice Act to render the newly born child to be free for adoption, and thereafter, proceed to search for adoptive parents and complete the process of adoption in accordance with law as expeditiously as possible. 3. Meanwhile, till the process of adoption is completed, the new born child shall be lodged at the Sishu Grah Morena. 4. The CWC, Morena shall submit a report about the well being of child to the Registry of this Court once every fortnight till process of adoption is complete. 5. The Collector, Morena is also directed to furnish a separate report, as regards well being of the new born child at the Sishu Grah and the prosecutrix till she is not discharged, to the Registry of this Court once every week. 6. The Registry of this Court is directed to list this matter as PUD, in case any of the above said reports are not filed as per the time schedule fixed or if any of the report filed are found to be amiss. 6. The Registry of this Court is directed to list this matter as PUD, in case any of the above said reports are not filed as per the time schedule fixed or if any of the report filed are found to be amiss. Before parting, this Court records its appreciation for the efforts put up by Shri Dudawat in assisting this Court as Amicus Curiae.