Madhya Pradesh High Court Grants Custody Of New-Born To Minor Rape Survivor Under Guardianship Of Her Parents

The single-judge bench of Justice Avanindra Kumar Singh observed, “There is no doubt that mother of newly born baby is the best person in the world to look after the baby and if she wants to take care of her baby then it is in the interest of mother as well as newly born child. Therefore, it is directed that custody of newly born child be given to her minor mother (prosecutrix) under the guardianship of her parents.”

In the present matter, an interlocutory application was filed seeking permission for minor prosecutrix and her parents to keep custody of newly born child on January 1. On December 27, 2024, while disposing of the writ petition, the court had granted "permission for premature delivery/termination of foetus of 32 weeks & 6 days" of the minor rape victim. On the said date, it was directed that if child is born alive then State Government has to take care of child and certain conditions were also imposed.

Through the interlocutory application filed on behalf of the prosecutrix and her parents, it was stated that on January 1, a male child has been born to the prosecutrix and both the prosecutrix and newly born baby are in good health.

The counsel for the petitioner submitted that prosecutrix and her parents wish to keep newly born child with them and they undertake to ensure safety of the prosecutrix as well as her child and also to provide all possible nourishment and care to the prosecutrix & child. It was further prayed that the court may issue that custody of child be given to the prosecutrix so that proper natural breast feeding be provided to newly born baby which is not being permitted due to earlier order of the Court.

The Government Advocate submitted that the State has no objection if the application is allowed and custody of child is given to the prosecutrix under the guardianship of her parents. It was stated that presently the newly born baby was kept separate from mother and is in ICU room for care in view of order dated December 27, 2024.

The court after hearing the parties observed that the prosecutrix and her mother have inclined their wish to keep the custody of child and upbring him in their family. Therefore, the court directed the custody of newly born child to be given to minor mother (prosecutrix) under the guardianship of her parents.

“…it is also directed that State Government shall provide helping hand to the prosecutrix and her parents wherever and whenever it is necessary as per law in this regard. It is also made clear that all medical expenses of the newly born baby and her mother (prosecutrix) shall be borne by the State Government.”, the Court said.

Thus, the present interlocutory application and the writ petition were disposed of.

Case Title: Prosecutirix X Vs The State Of Madhya Pradesh And Others, WP No. 41809 of 2024

Citation: 2025 LiveLaw (MP) 12

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