IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. Srimathy, J
Manimaran – Appellant
Versus
The State of Tamilnadu – Respondent
WP.MP.Crl.(MD)No.262 of 2026
| Table of Content |
|---|
| 1. petition for writ of mandamus regarding child adoption. (Para 1 , 2) |
| 2. court's observation on bonding and legal procedures. (Para 3) |
| 3. final ruling on child return and legal compliance. (Para 4) |
ORDER
The present Writ Petition has been filed for the issuance of a Writ of Mandamus, to directing the sixth respondent to considering the petitioner's representation dated 07.02.2026.
2. Since the writ petitioner did not have any child through their marriage, they wanted to adopt one. They claim that the seventh respondent had given birth to a male child. The petitioner claim that the said child was handed over to them on 31.08.2025. The child was named as Dev Maan. The child was with them for about four months. On 08.01.2026, the fourth respondent took the child away from the writ petitioner and handed him over to the fifth respondent. Hence, the writ petition has been filed seeking a direction to the sixth respondent to consider the petitioner's representation dated 07.02.2026.
3. The Juvenile Justice (Care and Protection of Children) Act, 2015 prescribes the relevant procedure regarding adoption. The fifth respondent is the authority constituted under the said statute. It is beyond dispute that the petitioner has not acted in tune with the prescribed procedure. However, the fact remains that the child in question was under the care and custody of the petitioner for over four months and that a bonding had developed between them. Hence, this Court is inclined to regularize in the interest of the child.
4. The fourth respondent is directed to hand over the child to the petitioner forthwith. However, the petitioner shall comply with all the procedures in accordance with law.
5. With the above direction, this writ petition is disposed of. No Costs.
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