Mother Is Best Caregiver For Newborn Baby: Madhya Pradesh HC Grants Custody Of Newborn To Minor Rape Survivor Under Guardianship Of Her Parents
The case arose from a Writ Petition in which the court had earlier, on December 27, 2024, permitted the premature delivery of the minor prosecutrix, who was 32 weeks and 6 days pregnant at the time.
The Madhya Pradesh High Court has directed that custody of a newborn baby be granted to her mother, a minor rape survivor, under the guardianship of her parents.
The Single-Bench of Justice Avanindra Kumar Singh emphasized that a mother is best suited to care for her child, provided she expresses the desire to do so.
“There is no doubt that the mother of a newly born baby is the best person in the world to look after the baby, and if she wants to take care of her baby, then it is in the interest of both the mother and the newborn,” the Court stated.
The case arose from a writ petition in which the Court had earlier, on December 27, 2024, permitted the premature delivery of the minor prosecutrix, who was 32 weeks and 6 days pregnant at the time. The order had stipulated that, if the child was born alive, the State Government would take responsibility for the child.
Advocate Gyanendra Singh Baghel appeared for petitioner and Advocate L.A.S. Baghel appeared for the respondent State.
Following the birth of a healthy baby boy on January 1, the minor mother and her parents filed an interlocutory application seeking custody of the newborn. They assured the court of their commitment to the safety, nourishment, and care of both the child and the minor mother. The petition also emphasized the need for natural breastfeeding, which was being impeded by the earlier order.
The State Government raised no objections to the request. The Government Advocate confirmed that the newborn, who was initially placed in an ICU for care, could safely be handed over to his mother under her parents’ guardianship.
The Court granted the application, directing that the custody of the newborn be given to the minor mother under the guardianship of her parents. Additionally, the Court directed the State Government to provide assistance to the family as required and to bear all medical expenses for both the mother and child.
“…the State Government shall provide a helping hand to the prosecutrix and her parents wherever and whenever it is necessary as per law in this regard,” the Court stated.
With these directions, the Court disposed of both the interlocutory application and the Writ Petition, ensuring that the best interests of the child and the minor mother were prioritized.
Cause Title: Prosecutirix X v. The State Of Madhya Pradesh And Others [WP No. 41809 of 2024]
Appearance:-
Petitioner: Advocates Gyanendra Singh Baghel, Shikha Baghel
Respondent: Advocate L.A.S. Baghel
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