Tuesday, August 17, 2010

Can’t find your mum through writ, says Supreme Court

Can’t find your mum through writ, says Supreme Court

The Supreme Court on Monday dismissed the petition filed by Arun Dohle, 37, an Indian adopted by German parents, seeking the production of his biological mother. However, his search may have inched closer with the apex court allowing his lawyers access to the original documents of the adoption centre.

Shooting down the objections raised by advocate Neela Gokhle representing the Kusumbai Motichand Mahila Seva Gram (KMMSG) where Dohle was reportedly “abandoned” by his biological mother, the court said, “No national secret is involved in it and the days of privileged documents are over.”

Advocate Jamshed Mistry who was part of the legal team representing Dohle said: “The court’s direction reaffirms the Supreme Court guidelines as stated in 1984 and also the Hague convention to which India is a signatory.”

However, while dismissing Dohle’s appeal, justices Markandey Katju and TS Thakur said he could file a suit for seeking relief.
Dohle was two months old when a German couple, Michael and Gertrude Dohle, adopted him in 1973. He contested that he was abandoned by his mother and was given in adoption without her consent. He alleged that his adoptive parents were helped by union minister and NCP leader Sharad Pawar’s brother Pratap Pawar.

The judges said, “You don’t even know the identity of your mother. How can you find her through a writ petition? Unless you know
your mother, how can you say that she is in illegal detention?”
The judges observed that sometimes unwed mothers gave fictitious names to orphanages. On the judges’ query whether the ashram maintained any register, its counsel answered in the negative. Dohle’s counsel Shekhar Naphade said there was something fishy in the whole affair.




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