If felt that women is helpless without man support, that is failure of system: Kerala HC

  • | Saturday | 10th April, 2021

The court also added that a woman`s womb is a precious possession of her personhood and no one can claim right over it; except with her consent.  

The Kerala High Court has observed which the Indian minds needed a long walk to agree with. The court observed that if a woman feels she is nothing without the support of a man, that is a failure of the system.

The court observed while considering the plea of a reunited couple to get back their child who was adopted by a childless couple.

While describing the woes of a single mother, the court also quoted a couplet from Manusmriti that where women are honored, divinity blossoms there, and where women are dishonored, all action no matter how noble remains unfruitful.

Justice A Muhamed Mustaque and Justice Kause Edappagath observed that the case of John and Anitha (names changed) unbundle the trauma of a couple in a live-in relationship, isolation of a single mother, love of a mother for her child, and rights of the biological father.

The couple in plea met during the 2018 floods in Kerala, binding in a relationship the girl turned mother but the man had to leave for further career and eventually broke up. Anxious Anitha betrayed and devastated handed over her child to the welfare committee and kept track of her child.

The court pointed out that the chat messages of Anitha with the social worker depict how vulnerable it is for a woman to become a mother, not in a legally wedded relation. Desperation and plight of the motherhood reflected through the chat messages that depict the care for the baby from the womb of the person, Anitha.

However, John returned and the couple reunited and approached High Court to get their child back. The Bench realized that the committee should consider the couple`s plea. The court also set aside the certificate declaring that the child was legally free for adoption under section 38 of the Juvenile Justice Act.


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