Wayanad: Biological mother granted custody of minor child, who was separated from adoptive mother

Anu Mathew v. State Background Anu Mathew, now a 25-year-old woman from Thalappuzha village in Wayanad district, was raped by her neighbor when she was a minor and studying in a 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. When the child turned 7-year-old, the husband of Vanaja filed a complaint with the Child Welfare Committee (CWC), Calicut, alleging that Vanaja was rearing-up a child illegally. Subsequently, the CWC took the child away from Vanaja and put her in a Girls home in Calicut, which was operated by a group of Christian nuns. Anu Mathew came to know about this only when the CWC transferred the child to the Girls home. She filed a petition was filed by her before the CWC praying for the custody of the child to her biological mother. Status The CWC Ordered releasing the minor child to her mother, the petitioner.