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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
T.MADHAVI DEVI
Adavi Vidyasagar – Appellant
Versus
State Of Telangana, Represented by its Principal Secretary, Women Development and Child Welfare Department – Respondent
ORDER :
In this writ petition, the petitioners are seeking a writ of mandamus to set aside the order dated 09.12.2024 and publication dated 10.12.2024 by respondent No.4 as illegal, arbitrary and passed without considering the CARA application dated 27.08.2024 and common order passed in W.A.No.1193 of 2024 and consequently, to direct the respondents to hand over the child Adavi Naga Venkata Dhruva to the petitioners 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 petitioners herein are the husband and wife and claim to be adoptive parents of the child by name Adavi Naga Venkata Dhruva. It is submitted that the petitioners were married on 22.08.2010 as per the Hindu Rites and Customs, but they did not have any children out of their wedlock and therefore, had approached various hospitals and Fertility Centers for children, but they did not succeed and when they started searching for a child through private channels, one Dr.Shobha Rani, had informed the petitioners that a new born baby boy was available for adoption and immediately, they have taken the child in adoption. They have stated that t
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.
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 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.
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 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 ....
(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....
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.
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....
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.
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