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A Decade of Devotion: Karnataka HC Paves Way for Adoption of Abandoned Child
In a heartfelt ruling emphasizing the , the at Bengaluru, presided over by Justice D K Singh , has directed the to conduct a formal inquiry into the custody and potential adoption of a 9.5-year-old boy raised by a childless couple for nearly a decade. The court ensured the child remains with his longtime caregivers during the process, balancing procedural requirements with welfare priorities in Writ Petition No. 18481 of 2021.
From Temple Steps to Classroom: The Child's Extraordinary Journey
The saga began on , when a three-day-old infant was discovered abandoned at the Sri Gavisiddeshwara Swami Mutt. Devotees of the Mutt—a married couple in their early 50s—took the child home on the Swamiji's advice, naming him and providing unwavering love, education, and care. They enrolled him in preschool at Open Minds World School in Shivamogga, treating him as their own amid personal tragedies: the loss of their physically disabled son at age 12 and an infant daughter shortly after birth.
Trouble surfaced in when the CWC, Shivamogga, summoned the husband over the child's "legality of custody." The couple complied, but the matter stalled until , when the CWC published a newspaper notice declaring the child in " " and seeking parental claims. No one came forward. In , the couple applied for foster care under the 2016 Model Guidelines, but after briefly handing over the child, the CWC refused to return him—prompting the couple's High Court plea.
The court intervened on , ordering the child's return to the petitioners while granting the CWC visitation rights for supervision. The boy, now thriving in 4th standard, has remained with them since.
Caregivers' Plea vs. Committee's Protocol
Petitioners' counsel argued the child's decade-long bond with the couple made separation "inhuman" and contrary to his welfare. No biological parents emerged despite public notices, and the couple's pending application deserved expedition. They stressed meeting all the child's needs and willingness to comply with oversight.
The CWC, via , countered that the couple bypassed mandatory protocols under the . A complaint alleged , triggering notices and publication. The committee sought directions to produce the child for inquiry under , insisting on verifying welfare before any foster or adoption steps.
Navigating Rules and Reality: Court's Balancing Act
Justice Singh scrutinized , which mandate CWC inquiries for . Acknowledging possible " " by the couple, the court prioritized the "paramount interest" of the child's welfare—now evident in his stable life with the petitioners—over rigid procedure.
No precedents were directly cited, but the ruling invokes the foundational JJ Act principle: the reign supreme. This distinguishes informal caregiving from legal adoption, directing formal inquiry without disrupting the status quo.
Key Observations
"This Court, therefore, is of the opinion that the would be secured in the hands of the petitioners who have been looking after the child as their own child."
"May be for, they could not reach the Committee as mandated under.""The petitioners' application for adoption of the child should also be processed soon after the CWC completes its inquiry, and if the petitioners are found eligible to adopt the child, the child should be given to them in adoption ."
" It is needless to say that the child should remain in the custody of the petitioners during the inquiry to be conducted by the CWC."
Custody Intact, Inquiry Ahead: A Clear Path Forward
The writ petition stands disposed with precise directives:
- Petitioners must produce the child before the CWC, Bengaluru , on , for inquiry to assess welfare in their custody.
- CARA, Bengaluru , must expeditiously process the adoption application post-inquiry.
- The child stays with the petitioners throughout.
This decision reinforces that long-term caregiving trumps procedural lapses when welfare is proven, potentially streamlining adoptions for abandoned children while upholding CWC oversight. It offers hope to informal caregivers nationwide, signaling courts' readiness to safeguard stable homes amid legal formalities.
