‘Right of child precedes parents’ guilt’; Orissa HC restores custody of infant girl with biological parents accused of abandoning her and kidnapping male child from hospital
“The inalienable rights of the infant child supersede all the attending adverse circumstances alleged against the biological parents of the baby. Notwithstanding the pendency of the criminal proceeding, the petitioners were entitled to claim custody of the infant being biological parents under the ‘tender years doctrine’.”