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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
T.MADHAVI DEVI
Muthineni Venakanna – Appellant
Versus
State of Telangana, represented by its Principal Secretary, Women and Child Welfare Department – Respondent
| Table of Content |
|---|
| 1. petitioner challenging child's custody. (Para 1 , 2) |
| 2. counsel for petitioner argues for custody. (Para 3 , 4) |
| 3. child adoption contradicts legal guidelines. (Para 5) |
| 4. court emphasizes child trafficking prohibition. (Para 6) |
| 5. writ petition dismissed without relief. (Para 7 , 8 , 9) |
ORDER :
T.MADHAVI DEVI, J.
In this writ petition, the petitioner is challenging the action of the respondents No.3 to 6 in detaining the custody of his adopted child by name Muthenine Sharanya, aged about two years, in the Child Protection Center and not handing over her custody to the petitioner, as illegal and arbitrary and consequently, to direct the respondents No.4 to 7 to handover the petitioner’s adopted daughter for care and protection and to pass such other order or orders in the interest of justice.
2. Brief facts leading to the filing of the present writ petition are that the petitioner got married to one Sravanthi in the year 2014, but they did not have any children out of their wedlock in spite of severe efforts. Therefore, the petitioner and his wife have approached the District Collector, Nalgonda, for adoption of an orphan girl, but the same has been pending for several y
Adoption must comply with legal procedures to prevent child trafficking; illegal adoptions violate the Juvenile Justice Act.
Detention of adopted child – Where adoption of child is not legal and is not in accordance with CARA guidelines, same cannot be approved by Court.
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.
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.
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 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 ....
The court recognizes the importance of established bonding in adoption cases while emphasizing procedural compliance under the Juvenile Justice Act.
Scope of Juvenile Justice Act, and inapplicability of the same to the adoptions made under the HAMA Act were noticed and elaborately dealt by a Division Bench of Kerala High Court and the Punjab and ....
A petition for adoption becomes infructuous and is liable to be dismissed once the child attains majority.
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