The court ruled that the forcible custody of children from adoptive parents was illegal as the children were not abandoned or orphaned, and proper adoption procedures were not followed.

COMMON ORDER:

W.P.No.22020 OF 2024

Heard Sri T.Surya Satish, learned counsel appearing on behalf of the petitioners, Smt. K.Mani Deepika, learned Government Pleader for Women Development and Child Welfare appearing on behalf of respondent Nos.1 to 5, learned Assistant Government Pleader for Revenue appearing on behalf of respondent No.6 and learned Assistant Government Pleader for Home appearing on behalf of respondent Nos. 7 & 8.

2. The petitioners approached the Court seeking prayer as under:

“….to issue a writ order or direction more particularly one in the nature of writ of mandamus declaring the action of the Respondents 7 and 8 in forcefully and illegally taking custody of the minor child D. Maanvika from the Petitioners and handing over the child to the 2^nd and 3^rd Respondents on the basis of FIR. No. 579 of 2024 dated 22.05.2024 and the allegations made therein as illegal arbitrary violative of the principles of natural justice violative of Articles

14, 20(1) of the Constitution of India and to pass…”

3. The case of the petitioners in W.P.No.22020 of 2024 as per the averments made by the petitioners in the affidavit filed by the petitioners in support of the present Writ Petition is as under:-

a) It is the case of the petitioners that, the petitioners are the adoptive parents of a minor child named D. Maanvika. The petitioners herein were unable to have biological children and thus they decided to adopt a baby. Thereafter, the petitioners were informed through a common friend of the petitioners that there is a ‘9’ days old baby girl put up for adoption by their biological parents as the biological parents were not in a position to raise the child. Therefore, as per the Hindu rites and customs and with the consent of the biological parents the petitioners herein had adopted the baby on 30.03.2024

b) While things stood thus, on 22.05.2024 the 8^th respondent had contacted the petitioners and informed them to report to the Medipally Police Station in relation to the FIR No. 579 of 2024 dated 22.05.2024 along with the child D. Maanvika. Later, the 8^th respondent forcefully took the child from the petitioners’ custody stating that the petitioners had brought the minor child illegally. Thereafter, the child was kept under the custody of respondent Nos. 2 and 3. Aggrieved by the said action of respondent nos. 7 and 8, the present Writ Petition is filed.

W.P.No.21980 OF 2024

4. Heard Sri T.Surya Satish, learned counsel appearing on behalf of the petitioner, Smt.K.Mani Deepika, learned Government Pleader for Women Development and Child Welfare appearing on behalf of respondent Nos.1 to 5, learned Assistant Government Pleader for Revenue appearing on behalf of respondent No.6 and learned Assistant Government Pleader for Home appearing on behalf of respondent Nos. 7 & 8.

5. The petitioner approached the Court seeking prayer as under:

“….to issue a writ order or direction more particularly one in the nature of writ of mandamus declaring the action of the Respondents 7 and 8 in forcefully and illegally taking custody of the minor child Kandala Uma Maheshwari from the Petitioner and handing over the child to the 2nd and 3rd Respondents on the basis of FIR.No. 579 of 2024 dated 22. 05. 2024 and the allegations made therein as illegal arbitrary violative of the principles of natural justice violative of Articles 14, 20(1) of the Constitution of India and to pass…”

6. The case of the petitioner in W.P.No.21980 of 2024 as per the averments made by the petitioner in the affidavit filed by the petitioner in support of the present Writ Petition is as under:-

a) It is the case of the petitioners that, the petitioners are the adoptive parents of a minor child named K. Uma Maheshwari. The petitioners herein were unable to have biological children and thus they decided to adopt a baby. Thereafter, the petitioners were informed through a common friend of the petitioners that there is a ‘2’ days old baby girl put up for adoption by their biological parents as