JUDGMENT :

1. This writ petition is filed to declare the action of the respondents for illegally detaining the two adopted minor children (Baby N. Rohini, 3 years and Baby N. Kowshik, 1 year) of the petitioners by the respondents, without conducting any enquiry and without following due process of law, as illegal, arbitrary, violative of Articles 14 & 21 of the Constitution of India and consequently to direct the respondents to restore the children to the adopted parents.

2. The case of the petitioners is that, though they were married long back, they were issueless and they were looking for adoption. They came to know through their relatives that, biological mother of the minor children died on 11.10.2021 due to ill-health. The biological father is unable to maintain the children and he is looking to give away the minor children in adoption. Then the petitioners approached the biological father (9th respondent) and his mother, who readily on their free will accepted for adoption. Accordingly, the 9th Respondent executed Registered Adoption Deed vide Document No.73/2021 dated 24.12.2021 and both the minor children were given to the care and custody of the adopted parents/petitioners. Since then, they are under the care and custody of the petitioners.

3. While so, on 02.05.2022, the 7th Respondent – Sub Inspector of Police, Cheedikada Police Station, Anakapalli District, on the directions of the 6th Respondent –Child Welfare Committee, came to the house of the petitioners, took away the minor children without any acknowledgment and they were kept under the custody of the 8th Respondent – Sishugruha Adoption Institute. Questioning the action of the respondents, the present writ petition is filed.

4. The 6th Respondent – Child Welfare Committee filed counter affidavit, inter alia stating that, the 9th Respondent – Biological Father gave complaint on 21.03.2022 to the 6th Respondent stating that, his minor children were given for care and protection to the petitioners in an intoxicated state by executing the Registered Adoption Deed by receiving an amount of Rs.25,000/- as advance and requested to return his minor children. Basing on the above complaint, the 6th Respondent addressed letter to the Station House Officer, Cheedikada Police Station to pursue the matter and submit the report. On 03.05.2022, the police produced the minor children before the 6th Respondent – Child Welfare Committee and as they were falling under the age of 06 years, they provided shelter in 8th Respondent – Sisugruha Adoption Institute. On verification of the copy of the Registered Adoption Deed dated 24.12.2021, the 6th Respondent called for the petitioners to produce the original Registered Adoption Deed. Thus, the 9th Respondent and the petitioners have violated the law and indulging into sale and purchase of minor children for consideration.

5. The 9th Respondent – Biological Father filed counter affidavit stating that, after the death of his wife on 10.11.2021, he became alcoholic. In that trauma, the mother of the 9th Respondent received Rs.25,000/- from the petitioners and forced him to execute Registered Adoption Deed on 24.12.2021 by giving the minor children to the petitioners in adoption. There is absolutely no relationship between the petitioners and 9th Respondent. After coming out of the alcoholic state, he realized that his minor children were missing and lodged complaint before the 6th Respondent – Child Welfare Committee, who thereafter secured the presence of the minor children. The petitioners have got signed the Adoption Deed by force and that too, the Adoption is not valid due to payment of money to his mother and hence, the Adoption is prohibited under Hindu Adoption and Maintenance Act.

6. The petitioners filed reply affidavit stating that, being childless, they intended to enjoy the parenthood through adoption. The petitioners who are relatives of the 9th Respondent, came to know that the 9th Respondent is intending to give his mino