New Delhi: Honourable Apex Court has ruled to allow custody of a child to the Hindu Tea Stall Owner who brought up the Child, against the plea of a Muslim mother, who claimed to be real mother of that Child.
It was in the year 2004, when a Muslim woman claimed to have missed her son at his age of Four years. The same child was brought up by the Hindu Tea Seller as his own son, when he found him in a park.
Mother- Shahnaz Begum filed a petition, nearly eight years ago before the Honourable Apex Court, and now the Top Court had ruled against her and in favour of Hindu adoptive father. It is notable that the Hindu Tea Stall owner- Aiku Lal had brought up the Child- Akbar as his own son and not only this, but he has even not changed his name or religion. The boy in question, is now around 16 years old and the Court has decided that the custody of Akbar should be retained by Aiku Lal until he attains the age of majority, i.e. 18 years.
The boy in question has went missing from Allahabad and surfaced in Lucknow, where that Hindu Tea Stall owner found him crying alone in the park. Moreover, The mother- Shahnaz claimed his custody, in the year 2007.
Shahnaz then, took recourse by filing a writ of Habeas Corpus petition before the High Court of Allahabad in the year 2007. However, as per the decision of the said High Court also, the custody of Akbar was told to be remained with the Tea Stall owner, as the body ‘explicitly and categorically’ stated before the judges that he did not want to go with his parents. The mother- Shahnaz then rushed to the honourable Apex Court, against the decision of the year 2008 (January). However, as Shahnaz was proved to be his mother by a DNA test, but Supreme Court has also pointed that the Hindu Tea vender remained unmarried for the welfare of Akbar.
And looking towards all such material aspects, the Top Court has favoured Aiku Lal and decided to remain the child in the custody of adoptive father.
Adv. Faim Khalilkhan Pathan