IMPORTANT POINT
Best interest of child should be paramount in custody disputed.

JUDGMENT :

NAGARATHNA, J.

Leave granted.

2. Being aggrieved by the common judgment dated 28.11.2024 passed by the Division Bench of the High Court for the State of Telangana in Writ Appeal Nos.1265 of 2024, 1277 of 2024, 1267 of 2024, 1266 of 2024, the appellants respectively are before this Court.

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.1265 of 2024, it is the case of the respondents No.1 and 2 that they are the adoptive parents of one minor girl child, namely D. Maanvika, who is aged about three years. It is their case that respondents No.1 and 2 were informed through a common friend that a nine days old baby girl is available for adoption. The aforesaid respondents therefore adopted the child on 30.03.2024, in accordance with the provisions of the Hindu Adoptions and Maintenance Act, 1956 (hereinafter referred to as, "the 1956 Act").

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.1267 of 2024, the respondents No. l and 2 assert they learnt through a common friend that a twenty days old baby girl, namely S.Rishika, is put up for adoption. Therefore, the said respondents adopted the said child on 26.01.2024 from her biological parents.

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.”

4. In fact, there were petitioners, who are said to be “adoptive parents” in nine Writ Petitions before the learned Single Judge of the High Court, who sought a declaration that action of the Commissioner of Police, Rachakonda and Station House Officer, Medpally Police Station in forcibly and illegally taking the custody of the minor children from the appellants and handing them over to the Child Welfare Project Director and integrated Child Protection Services, Sishuvihar, Hyderabad on the basis of the First Information Report No.579 of 2024 dated 22.05.2024 was illegal, arbitrary and violative of Articles 14 and 20 of the Constitution of India.

5. The learned single Judge by his common order dated 23.09.2024 passed in W.P.Nos.22020, 19623, 21108, 21980, 21981, 17040, 22026, 22429 and 23727 of 2024 allowed the Writ Petitions and held that the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for brevity, “the Act”), did not apply to the fact situation of the cases and further the action of the police authorities in taking the custody of the children in question from the appellants herein who claim to be adoptive parents of the children in question was illegal and without authority of law. The learned single Judge of the High Court granted liberty to the appellants herein to adopt the procedure prescribed for continuation of the custody of the children with them by validly executing adoption deeds or by following any other procedure which would allow them to retain the custody of the children forever.

6. Being aggrieved by the said common order dated 23.09.2024 passed by the learned single Judge, the Child Welfare Project Director, Women, Children, Disabled And Senior Citizen and Welfare Department, Medchal, Malkajgiri Dist