SC grants custody of Polish girl child to mother

New Delhi, Aug 22 (PTI) The Supreme Court today directeda boarding school in Himachal Pradesh to hand over the custodyof a 10-year-old Polish child to her mother, four years aftershe was taken away and abandoned by her biological father. A bench headed by Justice J S Khehar set aside theHimachal Pradesh High Court order refusing custody to themother. The girl was taken away at the age of six in December2012 from Leicestershire in the United Kingdom to HimachalPradesh by her biological father, a British citizen. The father, who admitted the daughter in the school,later abandoned her. The girl’s mother is a Polish nationaland permanent resident of UK. "We find no justification whatsoever in the High Courthanding over the custody of the child to the institution wherethe child is admitted for education, on the affirmation by theinstitute itself that it would look after the child, as also,not charge any fee from the child. The handing over of custodyto an institution, while ignoring the claim of a parent,especially the mother of the child, is not acceptable. "In view of the above, the instant appeal is allowed. Theimpugned order passed by the High Court is set aside. It ishereby directed that as and when the appellant visits Indiato take the custody of the child, the institution, AkalAcademy, Baru Sahib, District Sirmore, Himachal Pradesh, shallduly hand over the custody of the child to the mother," thebench, which also comprised Justice Arun Mishra, said. The direction came on an appeal filed by the mother,through advocate Pritpal Singh Nijjar, against the HimachalPradesh High Court order which had dismissed her plea and saidthat she will only have the right to visit the child and theboarding school will have custody. Her father had been arrested on his return to UK fromIndia on March 15, 2013 and subsequently convicted andimprisoned for three years in UK on November 27, 2015, theplea said. PTI PKS SJK MNL RKSARC