HC grants custody of 2-yr-old boy to HIV+ mother

An HIV positive mother was restored the custody of her two-year- old child by Delhi High Court on Tuesday, which also asked a representative of NACO (National Aids Control Organisation) to counsel the woman so that she is able to take care of the child. Justice Geeta Mittal allowed Sunita Verma, an HIV positive patient to take custody of her child who was being brought up by Sunita’s in-laws after the death of the father from AIDS last year.

In proceedings held inside the judge’s chamber, attended by the aggrieved mother and her in-laws, the court directed the grandparents to hand over the custody of the child to the mother. Earlier, the Court had directed the grandparents to appear before it with the child, while observing that there was no law which could deprive a mother of her child because of AIDS. Justice Mittal also directed the Pediatrics department of All India Medical Institute to conduct medical examination of the child, and requested the NACO representative to ensure proper counselling of the mother after which the court will take stock of the situation on May 21.

Sunita, the 26-year-old mother, was allegedly thrown out of her in-laws home barely 13-days after her husband died due to AIDS and she was denied the custody of her child. The woman, now living with her old and ailing parents at Sagarpur in southwest Delhi, alleged that her son, who is not infected with HIV, was forcibly taken away by her inlaws, the day when the last rites of her husband were performed.

She was married to Satish Verma, a resident of Panipat in Haryana on June 20, 2005 and gave birth to the boy on July 20, 2006. She had then lodged an FIR against the in-laws for harassment and mental cruelty, which forced the latter to rush to HC for anticipatory bail. The court, after hearing the facts of the case, decided to suo moto broaden its intervention and ensure that the child’s interest are safeguarded. On the last date of hearing HC made it clear that Sunita cannot be deprived custody of her child and noted, ‘‘There is no law which can deprive a mother of her child because of AIDS.’’

The counsel for the in-laws, Ram Gopal Verma and Phoolwati, had contended that custody of the child cannot be given to their daughter-in-law as she was an AIDS patient. ‘‘You are only grandparents while she is the mother. She is already suffering, why do you want to make her suffer more by depriving custody of her child,’’ Justice Mittal had said.

The in-laws then alleged Sunita Verma, their daughter-in-law, was of bad character as she was suffering from the disease prior to marriage and it would have bad influence on the child. The court had however, taken strong exception to the allegations and told them the disease was not inflicted only through physical relation.

‘‘It is unfortunate that she has been deprived of her child. She cannot be deprived custody of her child just like a convicted father cannot be deprived custody of his child,’’ the court maintained.

With thanks from The Times of India 14 May 2008 P.7 Delhi
With thanks from The Time of India
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