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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
T.MADHAVI DEVI
Puli Uppalaiah – 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.3 as illegal, arbitrary and passed without considering the common order passed in W.A.No.1257 of 2024, dated 28.11.2024 and consequently, to direct the respondents to hand over the child Bhargav Ram 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 it is submitted that they did not have any children out of their wedlock and therefore having come to know through a person that a college student got pregnant without marriage and has given birth to baby boy on 26.07.2022, they have approached the natural mother and have taken the custody of child from her. It is submitted that the mother of the child did not have sufficient financial resources and also due to unmarried pregnancy, she did not want to her identity to be known and therefore, the petitioners have taken the child in adoption from her when the child was four days old and they have performed the Datta Homam
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.
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.
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 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.
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 ....
(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 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 importance of following the procedures outlined in the Juvenile Justice Act, 2015 and the Rules, 2018 to protect the best interest of the child throughout the adoption process.
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