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2026 Supreme(Online)(Mad) 14516

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



Advocates:
For the Appellants/Petitioners: Mr.A.Azhageson
For the Respondents: Mr.M.Muthumanikkam, Mr.A.S.Abul Kalaam Azad

The court recognizes the importance of established bonding in adoption cases while emphasizing procedural compliance under the Juvenile Justice Act.

Headnote:The Writ Petition under Article 226 is filed for a Writ of Mandamus regarding the adoption process of a child under the Juvenile Justice (Care and Protection of Children) Act, 2015. The petitioner claims to have cared for the child for over four months before the state intervened. The Court found that while procedures were not followed, the bonding necessitated a direction to regularize the custody. The Court directed the fourth respondent to return the child while requiring compliance with legal procedures. The writ petition is disposed of, and costs are not awarded.

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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