A child bought for Rs 1 lakh in a suspected trafficking racket will continue to stay with the Karnataka couple accused in the case. After interacting with the child, the Nagpur Bench of the Bombay High Court found him happy and comfortable with the couple. It ruled that the pending criminal trial alone could not be a reason to take the child away from them. Justice Mehroz K Pathan dismissed a revision application filed by the State Government against the Sessions Court order directing Shraddhanand Anathashram, Nagpur, to hand over the child to Rithika and Manish Agrawal. The case was registered at Ajni police station in 2022 under charges of human trafficking, criminal conspiracy and provisions of the Juvenile Justice Act.

 

The prosecution alleged that a woman named Rajashri had procured the child and sold him to the couple for Rs 1 lakh. The couple was also named as accused. The child was born at Government Medical College and Hospital, Nagpur, on September 6, 2021. An adoption deed was executed between the couple and the biological mother, Sonu, on September 16, 2021. The document was notarised but not registered. After the case was registered, the child was placed in the care of Shraddhanand Anathashram. The Child Welfare Committee had asked the couple to produce a valid registered adoption deed within six months. The Sessions Court later set aside this direction and ordered the transfer of custody to the couple.

 

The State challenged this order, arguing that the couple was facing serious charges and did not have a registered adoption deed. However, the High Court noted that an adoption deed does not require compulsory registration under the Registration Act. It also considered the child’s school records from Kalaburagi, which showed that the child was studying in Lower Kindergarten and the couple were listed as parents. After interacting with the child, Justice Pathan observed that the child appeared happy and comfortable with the couple. The Court said the material on record showed that the child was receiving proper care and attention. Advocates Atul Pande a/w S A Wadalkar and Aditi Shah represented the couple while APP R V Sharma for the State.