Malda couple unable to get back daughter due to legal rangle

The Malda couple did not get back their child who was produced before the Calcutta High Court by the police on Friday due to some legal complications.

The parents will have to make a fresh appeal before the High Court to get the legal possession of their baby whom they had lost two years ago from Malda.

The biological parents Sushanta Sarkar and Joyshree Sarkar, residents of Malda could not get back their daughter because their child had been adopted by another couple following the order of a Magistrate. Joyshree broke down in tears inside the court room after seeing her daughter after two years.

In December 2014, the mother had last seen her newborn baby when she was separated from her daughter after she was put in a home owing to an underage marriage.

The baby was in a home in Malda when a new couple – Subrata Chakraborty and Moon Moon Chakraborty, residents of the same district got her possession through a legal process. As a result of this, the biological parents of the baby Sushanta and Joyshree Sarkar now have to return home empty handed. 

Police had produced the baby, Trisha before the Division Bench of the Calcutta Court where both of her biological parents and new parents who adopted her were present.

It may be mentioned that on Wednesday, the division Bench of the Calcutta High Court ordered the police to find out the baby within 48 hours and asked the officials of the concerned departments to appear before the court on Friday.

The court also reprimanded the officials involved in the investigation including Child Welfare Committee, district ChildLine and the senior police officials to find out the baby who went missing from a state-run destitute home at Malda.

The High Court also threatened to put the investigators behind bars if they fail to find the baby out within 48 hours failing to which action will be taken against them. 

The biological parents now have to file a revision in the Calcutta High Court to get back their daughter.

According to a lawyer it would be a difficult process for the original parents to get back their daughter as she was already adopted by a couple though a legal procedure.

It may be mentioned here that Joyshree and Sushanta had an underage marriage.

Joyshree Sarkar delivered a baby in the nursing home. The mother was sent to a home and the baby was sent to ChildLine.

After being released, the mother had been running from pillar to post to trace her daughter. It has been alleged that the police, the district ChildLine officials and the child welfare committee did cooperate with the woman. Later, the couple filed a case at Calcutta High Court.