IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
T.MADHAVI DEVI
Perugu Dhurgabavani – Appellant
Versus
State Of Telangana, Represented by its Principal Secretary, Department of Women and Child Welfare – Respondent
ORDER :
In this writ petition, the petitioner is seeking a writ of mandamus to set aside the order dated 09.12.2024 and publication dated 10.12.2024 by respondent No.2 as illegal, arbitrary and to declare that it was passed without considering the representations of the petitioner dated 31.05.2024, 07.06.2024, 11.12.2024 and 07.01.2025 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 claims to be the adopted mother of the child Perugu Bavya Shree. She claims that she along with her husband, adopted a child through adoption deed dated 28.06.2022 from the respondents No.5 and 6, who are the biological parents of the child. It is stated that though the petitioner and her husband were married for several years, they did not have any children and through a nurse, they came to know that there is a child for adoption and that the respondents No.5 and 6 have four girl children and therefore the 5th child was offered for adoption and therefore, the petitioner and her husband paid Rs.1,50,000/- to them and have taken the child in adoption and have been taking care of the baby eversince
Supreme Court Bar Association Vs. Union of India and Another
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 court emphasizes the principle of the best interest of the child in adoption cases while recognizing procedural shortcomings in transitioning custody to adopting parents.
(1) Adoption – Concept of adoption is only to facilitate permanent care and protection of child within walls of a family.(2) Allegation of collusion cannot be basis for court to interfere with adopti....
Guardians and Wards - Child in need of care and protection – Rights of children - Rights of children are protected and that broad and purposeful interpretation is given to the definition “child in ne....
Best interest of child should be paramount in custody disputed.
The court ruled that adoption should be allowed despite the parents' ineligibility under Regulation 5(8) due to the child's best interest and established emotional ties.
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 ....
The court ruled that the 48-hour period for reserving a child in adoption should start from the receipt of the medical report, emphasizing the violation of natural justice in the debarment process.
The biological father's consent is not required for the adoption of a child born from sexual assault when the mother is a minor, prioritizing the child's welfare and the mother's status as the natura....
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