Samarpan Foundation and Others vs GNCT of Delhi and Others

Rajiv Sahai Endlaw, J.—The petition was filed impugning the order dated 21st January, 2010 of the Additional Session Judge-01 (North-West) District, Rohini Court, Delhi in FIR No. 13/2007 directing the shifting of the minor Petitioners No. 2&3 herein being the children of Respondent No. 3 Mr. Ashok Kumar accused in the said FIR, from the Children''s Home of the Petitioner to Ujjawal Niketan, Gurgaon. The father of the children was accused of the murder of his wife and the counsel for the Petitioners informs that he has since been convicted. The Court where the father of the Petitioners No. 2&3 was under prosecution, seeing the plight of the children directed the Respondent No. 2 Child Welfare Committee to make a provision for them and they were on 11th November, 2010 placed in the care of the Petitioner. However, subsequently as aforesaid, the order of their shifting was made.

Notice of the petition was issued and the shifting of the minor children stopped.

The counsel for the Delhi High Court Legal Services Committee today states that pursuant to the directions in the order dated 30th May, 2011 she has through video conference spoken to the father i.e. the Respondent No. 3 on 29th July, 2011 and he has desired the children to continue with the Petitioner No. 1 only.

The counsel for the Respondents No. 1&2 also has filed a status report and states that they are also satisfied with the condition and progress of the children with the Petitioner No. 1 and are not insisting upon their shifting.

The counsel for the Petitioners also assures that the children shall be provided best possible care and upbringing and access shall be given to the Respondent No. 2 Child Welfare Committee to assess their welfare from time to time as may be deemed necessary by them.

The direction of the Respondent No. 2 Child Welfare Committee for the children to remain with the Petitioner No. 1 is till 11th November, 2011. The counsel for the Respondent No. 2 Child Welfare Committee states that in accordance with the Juvenile Justice (Care and Protection of Children) Act, 2000, the Respondent No. 2 Child Welfare Committee will review the situation from time to time and make appropriate orders as and when deemed necessary, also for the period after 11th November, 2011.

The counsel for the Delhi High Court Legal Services Committee has also sought a direction for the children to visit their father periodically. The counsel for the Petitioners has assured that that the appropriate measures required to be taken in this regard shall be taken.

Accordingly, the orders dated 21st January, 2010, 1st February, 2011 and 13th April, 2011 of the Additional Session Judge-01 (North-West) District, Rohini Court, Delhi are set aside.

The petition is disposed of in terms of the above. No order as to costs.