False Petition Seeking Custody Of A Girl:Bombay HC Imposes 3Lakh Cost On Woman

The Bombay High Court has imposed a cost of Rs 3 lakh on a woman for filling a totally false petition seeking custody of a girl (victim rescued from a brothel), claiming to be her biological mother, with the intention of forcing her into flesh trade. The woman to prove her claim even had submitted fabricated Aadhar and Pan Cards.

Justice Z A Haq and Justice Pushpa V Ganediwala, directed Rajubai Shambabu Chatravat to deposit the cost with the High Court registry. Following which on October 15, an amount of Rs 1.90 lakh was deposited on Tuesday.

The woman had filed a writ of Habeas Corpus directing the state to produce the detenu (Ku. "X", aged about 20 years) who is detained by the Child Welfare Committee and is kept in the children's home. It was also prayed that she be released and her custody be handed over to the petitioner. Further, it was also prayed for compensation of Rs.5,00,000 to be paid to the petitioner or Ku."X" because of her illegal detention.

On the directions of the court, the victim was produced before the court, who gave a statement that the petitioner was not her biological mother. An investigation was ordered into the same in February by the court. Looking to the nature of controversy, the Investigating Agency opted to conduct DNA test, the report showed that the petitioner is not the biological mother of Ku."X".

The Additional Public Prosecutor also informed the court on September 17, out that the documents produced by the petitioner i.e. Aadhar cards and PAN cards to substantiate her claim that she is the biological mother of Ku."X" were also fabricated. The court thus put the petitioner to notice and directed her to file an affidavit explaining the same. On September 30, the petitioner filed a reply in court seeking permission to withdraw the petition with liberty to file appropriate proceedings according to law.

The bench said "We find that the petitioner has approached this Court with completely false case with an ill intention of seeking custody of a teenage girl to throw her in flesh trade. To say the least, the petitioner has attempted to abuse the process of this Court and the petitioner has shown the audacity of claiming compensation of Rs.5 Lakh, on the basis of false contentions."

The court also directed that the Police Station Officer, Wani, District Yavatmal is to examine the registration of Crime/offence against the persons who are responsible for fabrication of Aadhar cards and PAN cards produced by the petitioner on record of this petition.  

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