Consent of parents for neglected and abused child staying at home under CWC Consent of parents for neglected and abused child staying at home under CWC

3 years ago

A neglected and abused girl child(16+ years) is currently staying at Govt. recognized home under CWC. She had the allegation against her biological parents that she might be sold out to Rajasthan in the name of marriage and so she took the help of child line and went to home. It's now 8 months the child is there. The child was deprived by them only and she did not want to go back to them. Now if any family wants to take her custody as foster parents does it really require the consent from the biological parents who are actually culprit? If required, then what is the point to get consent from the persons who were responsible to put the child in such disastrous situation.

Mradul Bhatnagar

Responded 3 years ago

A.Apply for custody on the ground that you have all financial supports and for the betterment of girl in terms of education, culture, and future of the child you are able to provide better support.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Hi,
The CWC will have discretion with regard to this. Considering the girl's advanced age, she can also testify to waive the biological parents' consents.
If you found this helpful, please rate us.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 3 years ago

View All Answers
A.Hi,
No, considering the circumstances, you can petition the Court to waive their consent. The CWC also has the discretion to take a decision in this regard, they can be approached.
If you found this helpful, please rate us.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Advocate Niyas Fazal A

Responded 3 years ago

A.CWC kept that child up to 18 years of age. you can apply in district court for custody. If court satisfied with your application you will get custody. I'm not sure the procedure are different from palace to palace and it's a possibility.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconAlcoholic and abusive husband allowed to see kids
Dear Cleint, It's commendable that you've taken steps to protect yourself and your sons by seeking legal recourse through divorce and filing for protection. Given the history of abuse and the poten...
question iconAlcoholic father allowed to see children through video calls
Dear Client, As stated in the query, you have already taken legal action against your errant and unruly husband filing a case for Domestic Violence and a petition for divorce in the Court, so no furth...
question iconMutual DV and child custody
Dear Client, As per Section 13B of the Hindu Marriage Act, 1955, any one of the spouses can file the divorce petition with the mutual consent of both of them. Section 14 of the Hindu Marriage Act sta...
question iconLiving separately for 7 years
Dear Client, Living separately for long seven years cannot force your family to live with you against their consent. Even a Court cannot force your family to live with you after a long desertion of se...
question iconChange surname of child of 10 yrs
Dear Client, Without the consent of the biological father of the daughter from the first marriage even if it is dissolved by a decree of divorce, you cannot adopt the daughter of your wife who takes...