Wayanad: Biological mother granted custody of minor child who was separated from adoptive mother, put in shelter home
Anu Mathew v. State
Anu Mathew, a 25-year-old woman from Thalapuzha, Manathavady in Wayanad was raped by her neighbour when she was a minor. It was when she was studying in college in Salem, Tamil Nadu. A case was registered by the police based on her complaint. But the rapist was not arrested as he went in hiding. When she gave birth to a girl child she could not bring up the child as the father of the child threatened to kill the child and mother. So she with the consent of her mother gave the infant to one Vanaja in Calicut, who had no children of her own. At that time Vanaja had informed that she would take necessary legal action for foster care and adoption. But when the child became 7 years old the husband of Vanaja filed a complaint to Child Welfare Committee, Calicut alleging that Vanaja was rearing up a child illegally and CWC took the child from Vanaja and put her in the care of Girls home Calicut run by a group of christian nuns. Anu Mathew came to know about this only when the child was given by CWC to the authorities of the Girl home, Calicut and a petition was filed by her before CWC praying for the custody of the child to her biological mother.
The CWC Ordered releasing the minor child to her mother, the petitioner.