Abhilasha Kumari, J.

1. This petition revolves around the predicament of an innocent ten year old girl, Laxmi, who, in spite of having two sets of parents – biological and adoptive – finds herself in the Childrens' Home for Girls. The petition brings to the fore the unseemly tussle between the two sets of parents for Laxmi's custody, which question looms large before the Court. All considerations apart, the Court is conscious that its paramount duty is to ensure Laxmi's welfare.

2. Now, the facts :

3. This Habeas Corpus petition under Article226 of the Constitution of India has been preferred by the petitioners, who claim to be Laxmi's adoptive parents. A prayer is made to issue an appropriate Writ, order or direction upon respondents Nos.2 and 3, Police Inspector, Puna Police Station, Surat and Administrator/Manager, Childrens' Observation Home, Ramnagar, Surat, to produce the corpus of Laxmi before the Court. It is further prayed that the Court may ascertain Laxmi's wishes, order her release from the alleged illegal custody of respondent No.3, and hand over her custody to the petitioners.

4. The background facts, as stated in the petition are to the effect that, the petitioners have two sons but yearned for a daughter. Respondents Nos.4 and 5 herein, Laxmi's biological parents, lived in the same locality and were on good terms with the petitioners. Respondents Nos.4 and 5 were not in a position to take care of Laxmi. The petitioners offered to adopt her and respondents Nos.4 and 5 agreed to give their daughter in adoption to the petitioners. An Adoption Deed was prepared on 18.08.2008, which was signed by the petitioners and respondents Nos.4 and 5 and got notarized. The Adoption Deed is produced on record as Annexure-A. Laxmi was adopted by the petitioners when she was about fourteen months old. Since then, it is averred, the petitioners have brought her up with utmost love and affection. They got Laxmi admitted to a school and were providing her with a standard of education as per their capacity. According to the petitioners, they have been fulfilling all their responsibilities as parents by giving Laxmi a proper upbringing. Laxmi's Report Card for Standard-III is annexed as Annexure-B to the petition.

5. It is stated that suddenly, in the afternoon of 27.06.2017, respondents Nos.4 and 5, along with an unknown girl, came to the house of the petitioners and demanded that Laxmi be handed over to them. T he petitioners refused, explaining that they had adopted the child legally by executing an Adoption Deed by mutual consent. However, respondents Nos.4 and 5 got infuriated and started abusing petitioner No.2 (adoptive mother), threatening her of dire consequences such as implication in a false case. Laxmi was taken from t he house of the petitioners and lodged in the Childrens' Home for Girls. Aggrieved thereby, the petitioners have approached this Court.

6. Certain relevant facts have not been narrated in the petition, but emerge from the papers of the investigation. They would be necessary to complete the narration and fill in the gaps. A Child Helpline, run by an NGO named Pratham, under the aegis of the Ministry of Women and Child Development, Government of India, received a telephone call on 28.06.2017, from one Shri Pratik Sharma, Advocate, on behalf of respondents Nos.4 and 5, Laxmi's natural parents. The Child Helpline was informed that Laxmi was allegedly being illtreated by her adoptive parents. On the basis of this telephone call, Laxmi was taken from the house of the petitioners with the aid of the Police and produced before the Child Welfare Committee, Surat. The Child Welfare Committee made an order of Short Term Stay under Section 33(1) of the Juvenile Justice (Care and Protection of Children) Act, 2000 (“the J.J. Act”, for short), sending Laxmi to the Childrens' Home for Girls. This order was passed pending the report of the inquiry required to be held in the prescribed manner under Section32 of the J.J. A