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B. V. NAGARATHNA, K. V. VISWANATHAN
Dasari Anil Kumar – Appellant
Versus
Child Welfare Project Director – Respondent
| Table of Content |
|---|
| 1. children's custody taken by police (Para 2 , 3 , 4 , 5 , 6) |
| 2. child welfare principles guide custody decisions. (Para 8) |
| 3. custody directed to return to adoptive parents (Para 9 , 13 , 14 , 15 , 16 , 17 , 18) |
| 4. best interest of the child (Para 10 , 11 , 12) |
JUDGMENT :
Leave granted.
3. The appellants assailed the validity of the action of the police authorities in taking away the custody of the minor children from them as they claim to be the “adoptive parents” on the premise that it is without authority of law. The details of the cases as narrated by the Division Bench of the High Court in Writ Appeal Nos.1265 of 2024, 1277 of 2024, 1267 of 2024, 1266 of 2024 are extracted as under:
In W.A.No.1277 of 2024, the respondent No.1 claims that she has adopted a two days old baby girl, namely K. Un1a Maheshwari, from her biological parents on 15.11.2021, as they were not in a position to bring up the child.
In W.A.No.1266 of 2024, the respondents No.l and 2 claim to be adoptive parents of a minor child, namely B.Sresta. It is their case that they adopted the aforesaid two days old baby girl on 22.01.2024 from the biological parents.”
5. The learned single Judge by his common
Best interest of child should be paramount in custody disputed.
The court reaffirmed that the removal of a child from adoptive parents without due consideration of established bonds and legal procedures is unlawful, emphasizing the best interest of the child.
The court emphasizes the principle of the best interest of the child in adoption cases while recognizing procedural shortcomings in transitioning custody to adopting parents.
Court emphasized the supremacy of children's best interests and family integrity in adoption matters, facilitating custody returns despite procedural irregularities under Article 142.
The court ruled that adoption should be allowed despite the parents' ineligibility under Regulation 5(8) due to the child's best interest and established emotional ties.
Guardians and Wards - Child in need of care and protection – Rights of children - Rights of children are protected and that broad and purposeful interpretation is given to the definition “child in ne....
The importance of following the procedures outlined in the Juvenile Justice Act, 2015 and the Rules, 2018 to protect the best interest of the child throughout the adoption process.
The main legal point established in the judgment is the validity and legality of adoptions claimed under the Hindu Adoption and Maintenance Act, 1956, and the inapplicability of the Juvenile Justice ....
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