Millennium Post

HC refuses custody of child to Iranian man

The Bombay High Court has refused to hand over the custody of a minor girl to her biological father, an Iranian national, after the surrogate mother alleged that he is "not of good character".

A division bench of Justices R V More and Anuja Prabhudessai was hearing a habeas corpus plea seeking direction to authorities to produce a person who could be in illegal detention.

The petition was filed by the girl's father, who urged the court to direct the Thane police to trace his three-year- old daughter.

The man, in his petition, claimed that his daughter's surrogate mother, whom he had married after she gave birth to the girl through surrogacy and later divorced, had illegally taken the child away from him despite a family court ordering the child's custody to be granted to him.

Following the directions, the Thane police last month produced the surrogate mother and the child before the high court.

"We have interacted with the petitioner as well as the surrogate mother and the investigating officer.

"The interaction reveals there are allegations and counter allegations by both the parties against each other," Justice More said.
The HC has posted the petition for further hearing on June 16.

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