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2022 DIGILAW 498 (JHR)

Stanley Romeo Hebrom v. State of Jharkhand

2022-04-25

RAJESH SHANKAR

body2022
JUDGMENT : The present writ petition has been filed for quashing letter no. 620 dated 23.12.2020 (Annexure-11 to the writ petition) issued by the Child Welfare Committee, East Singhbhum, Jamshedpur whereby the petitioner has been directed to handover the custody of his 3 ½ years old daughter- Mayra @ Myra Hembrom to the respondent no. 5-Rashmi Regina Hembrom (wife of the petitioner) who, according to the petitioner, will not take proper care of the said child as she has been suffering from a mental disorder-“Schizophrenia”. 2. Learned counsel for the petitioner submits that marriage between the petitioner and the respondent no. 5 was solemnized on 29th December, 2014 at Jamshedpur according to Christian rites, ceremonies and custom. Thereafter, they were blessed with a girl child namely Myra Hembrom on 30.06.2017 at Tata Main Hospital, Jamshedpur, who was about 3 ½ years old at the time of passing of the impugned order. The petitioner however noticed abnormal behaviour of the respondent no. 5 due to which she was treated by various Neuro-Psychiatrists at Jamshedpur and at Davis Institute of Neuropsychiatry, Kanke, Ranchi from 2018 to 2020. In support of the said submission, learned counsel for the petitioner refers to copies of few prescriptions annexed with the present writ petition. 3. In sum and substance, the contention of the petitioner raised in the present writ petition is that the respondent no. 5, due to her mental disorder will not be in a position to properly take care of their daughter and therefore, the letter dated 23.12.2020 issued by the Child Welfare Committee, East Singhbhum, Jamshedpur is liable to be quashed as the said committee did not duly appreciate the mental state of the respondent no. 5 while issuing direction for handing over the custody of their daughter namely Myra Hembrom to her. 4. Though no one appears on behalf of the respondent no. 5, yet on perusal of the counter affidavit filed by her, it appears that she has made several allegations against the petitioner such as he used to come home in late hours in drunken condition and used to abuse and assault her. The respondent no. 5 has also alleged that the petitioner only intended to take custody of their daughter, however he was never interested in keeping her in the matrimonial home. The respondent no. The respondent no. 5 has also alleged that the petitioner only intended to take custody of their daughter, however he was never interested in keeping her in the matrimonial home. The respondent no. 5 has also stated in the counter affidavit that the petitioner has forcibly kept her educational certificates, PAN Card, Aadhar Card, Bank passbook, mobile phone etc. and does not want to handover the same to her. 5. Be that as it may. On perusal of the materials available on record, it appears that there is a strained matrimonial relationship between the petitioner and the respondent no. 5. Nonetheless, the present writ petition is confined to the issue as to whether the letter dated 23.12.2020 issued by the Child Welfare Committee, East Singhbhum, Jamshedpur is proper and justified. The said letter appears to have been issued on the basis of report dated 02.12.2020 submitted by the Civil Surgeon-cum-Chief Medical Officer, East Singhbhum, Jamshedpur which in fact is based on the medical report of the respondent no. 5 dated 01.12.2020 prepared by a psychiatrist namely Dr. Deepak Kumar Giri. The said medical report prepared by Dr. Deepak Kumar Giri has been annexed as Anneure-9 to the present writ petition. The opinion of Dr. Deepak Kumar Giri given in his report dated 01.12.2020 reads as under: Impression On the basis of mental status examination and psychological test findings, no active psychopathy elicited at present. Opinion Based on clinical records, face to face meeting, present mental status examination and test findings: She is suffering from Schizophrenia (as per prescriptions) Off medication from last 2 months (as per subject) No active psychopathology elicited at present Well timed, appropriate and adequate social support and proper adherence to treatment may succeed in parenting her child. Opinion from higher institute like CIP/RINPAS, Ranchi can be sought. 6. It would thus be evident that though during preparation of the medical report of the respondent no. 5 by Dr. Deepak Kumar Giri, she was not under any medication for last two months, yet no active psychopathology was elicited at that time. The word “psychopathology” means “the study of abnormal cognition, behaviour and experiences that occur in an individual” (source-wikipedia) meaning thereby that the said doctor did not find any psychological abnormality with the respondent no. 5 during her examination. Deepak Kumar Giri, she was not under any medication for last two months, yet no active psychopathology was elicited at that time. The word “psychopathology” means “the study of abnormal cognition, behaviour and experiences that occur in an individual” (source-wikipedia) meaning thereby that the said doctor did not find any psychological abnormality with the respondent no. 5 during her examination. It has also been mentioned in the said report that well timed, appropriate and adequate social support and proper adherence to treatment may succeed in parenting her child. 7. According to the learned counsel for the petitioner, the respondent no. 5 has been staying with her parents. Hence, she is not alone to take care of her daughter-Myra Hembrom. 8. The present writ petition was filed on 29.01.2021 i.e. more than a year ago, however the petitioner has not been able to bring on record any such incidence occurring during the intervening period which has caused any danger to Myra Hembrom due to negligence or lack of proper care by the respondent no. 5. Since the Child Welfare Committee, East Singhbhum, Jamshedpur has directed the petitioner to handover the custody of child to the respondent no. 5 based on the medical report submitted by a qualified psychiatrist, there is no reason to interfere with the same. 9. The writ petition being devoid of merit, is accordingly dismissed. 10. Consequently, I.A. No. 6422 of 2021 also stands dismissed.