Court emphasized the supremacy of children's best interests and family integrity in adoption matters, facilitating custody returns despite procedural irregularities under Article 142.

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 as per Hindu Ritual and have taken care of the child and have named the child as Bargav Ram. It is submitted that the relevant functions have been performed grandly in the presence of the elders and well- wishers. It is submitted that the respondent No.8, Police have taken away the child from the custody of the petitioners after registering FIR in Crime No.579/2024, on the file of Medipally Police Station and the petitioners were shocked and suffered with mental agony due to the said incident. Challenging the taking away the custody of the child from them, the petitioners have filed W.P.No.23727 of 2024 and this Court allowed the same and aggrieved by the same, the respondent No.3 filed a W.A.No.1257 of 2024 and the same was decided by the Division Bench of this Court on 28.12.2024 directing the competent authority to decide the applications of the petitioners seeking adoption within a period of four weeks from the date of receipt of a copy of the order. It is submitted that the petitioners have also registered themselves in Central Adoption Resource Authority (CARA) vide User Name is PrTE241553501108, but without considering the said application, the respondents have declared the child to be ‘legally free for adoption’ vide notification dated 10.12.2024 and therefore, this writ petition has been filed.

3. Learned counsel for the petitioner has advanced various arguments and while Learned Government Pleader for Women Development and Child Welfare has relied upon the averments made in the counter affidavit and submitted that the child has been purchased by the petitioners and since money is involved, it is the case of a child trafficking. It is further submitted that identity of the mother is not known and the guidelines under the CARA have not been followed for taking the child in adoption and therefore, the petitioners’ claim for the child cannot be entertained. Though detailed arguments were advanced by both the parties and the matter was reserved for orders on 29.10.2025, some of the petitioners have approached the Hon’ble Supreme Court by way of filing Special Leave Petitions in the case Dasari Anil Kumar and Another Vs. The Child Welfare Project Director and Others , in Civil Appeal No.10544 of 2025, dated 12.08.2025, the Hon’ble Supreme Court has considered the interest of the children owing to the bonding between the adoptive parents and the respective children and has directed the respondent authorities to handover the custody of the children to t