The petitioner has approached this Court seeking for a declaration that he has the right to have the foster care of child named Manu described in Ext.P5 order and for other ancillary reliefs. According to the petitioner, he and his wife together submitted an application before the third respondent for taking the child under foster care. On the basis of the home study conducted, orders have been passed on 5.6.2008 placing the child Manu who was the inmate of Government Children's Home, Thrissur in the foster care of the petitioner and his wife. 2. Subsequently, the petitioner and his wife jointly filed an application before the District Court, Manjeri seeking adoption of the aforesaid child. He has also executed a registered will and thereby bequeathed his half right over certain landed property in favour of the foster child. Subsequently there was some dispute between the petitioner and his wife and certain issues have been pending before the Family Court. Under such circumstances, the child was taken W.P.C.No.12535 OF 2014 2 back from the foster care of the petitioner. Hence the petitioner seeks the following reliefs:
i) declare that the petitioner has the right to have the child named Manu described in Exhibit P5 order, who is an inmate under the 2nd respondent, under foster care.
ii) issue a writ of mandamus such other writ directing respondent No.1 to grant the petitioner with the foster care of the child named, Manu described in Exhibit P5 order, who is the inmate of the 2nd respondent.
Iii) issue a writ of mandamus such other writ directing respondent No.1 to grant the petitioner the interim custody of the child named, Manu described in Exhibit P5 ortder, who is the inmate under the 2nd respondent, until the process of adoption is completed.
Apparently, the petitioner has no legal right to demand foster care. Ext.P1 was ordered based on a joint request made by the petitioner and his wife. At this stage it may not be possible to permit the petitioner to have the foster care or the custody of the minor child. In the aforesaid circumstances, I do not think that the petitioner has any legal right to demand the foster care of the child. However, if the petitioner could settle the entire disputes with his wife, probably the application W.P.C.No.12535 OF 2014 3 for custody can be considered by the District Court in accordance with the procedure prescribed. Until such custody of the child is ordered by the competent Court, it may not be possible for any authority to permit foster care of the child to the petitioner. Hence I do not think that the petitioner is entitled for any relief and accordingly this writ petition is dismissed.
A.M.SHAFFIQUE, JUDGE jm/