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2021 Supreme(Telangana) 14

CHALLA KODANDA RAM
Kommuri Sriniwas – Appellant
Versus
State of Telangana, Through Principal Secretary, Women Development and Child Welfare, Secretariat, Hyderabad – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Smt. Vani
For the Respondents: Sri Eswar, Sri Ram Mohan, Sri N. Rajeshwar Rao, Learned Assistant Solicitor General

ORDER :

1. The petitioners assail the action of 2nd respondent-Child Development Project Officer (CDPO) in taking forcible custody of the child and sending to Shishu Gruha, Sangareddy as illegal and arbitrary, and consequently seek a direction to release the child to the care and custody of the petitioners.

2. Brief averments in the writ affidavit are that the petitioners are husband and wife and they have no children; that they got registered with Central Adoption Resource Authority (CARA) for adopting a child; that through their in-laws who live in Kamaram village, they got acquainted with respondents 5 and 6; that respondents 5 and 6 have two sons and were expecting another child, however, due to poverty, they expressed their inability to raise one more child and therefore respondents 5 and 6 expressed to offer their third child to the petitioners in adoption so that the child can receive better care; that after the child was born, the petitioners adopted the child by performing the rituals of “Datta Homam”; that even as per the Hindu Adoptions and Maintenance Act, 1956 which governs the case on hand, the petitioners are entitled to adopt the child in question; that on account of

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