The Telangana High Court observed that when there was no valid legal adoption, the custody of the Child Welfare Committee cannot be termed as illegal detention.

A Writ of Habeas Corpus was filed by the adoptive and biological parents of the child seeking the custody of the child who was in custody with the Child Welfare Committee.

The Bench of Justice Moushumi Bhattacharya and Justice Gadi Praveen Kumar observed, “Once, the Child Welfare Committee, which is a quasi-judicial authority constituted under the act is engaged for addressing the needs of the children who require care and protection within a District, the said Committee is responsible to take care of protection, treatment, development and rehabilitation of such children including handling cases of abandoned, lost or orphaned children and processing them for adoption.”

Advocate K. Laxaiah represented the Petitioner, while Advocate Swaroop Oorilla represented the Respondents.

Case Brief

The Petitioners were adoptive and biological parents of the detenu child who was in custody of the Child Welfare Committee and the District Child Protection Unit. The Petitioners filed a Writ of Habeas Corpus to issue directions to the said authorities to produce the child before the Court and handover custody of the child to petitioners and to prove an opportunity to legalise the adoption process.

It was the case of the Petitioners that the biological parents, being relatives of the adoptive parents, gave their child in adoption. Pursuant to the adoption, the child was residing with the adoptive parents. However, the Police took away the child alleging that the adoption was illegal.

It was contended by the Respondents that they received an unknown call stating that the biological parents had sold their eighteen months old child to the Petitioners for Rs. 5,00,000. It was also stated that the child was in safe custody of the Specialised Adoption Agency.

Court’s Observation

After considering the fact that there was no valid legal adoption and the child was in safe custody of the CWC, the High Court was of the opinion that no case was made out for the ingredients attracting the provisions of Habeas Corpus.

The Court said, “In the present case on hand, the petitioners are unable to establish the legal adoption more particularly, the prayer sought by the petitioners itself demonstrates to regularize the adoption process in the interest of justice.”

Accordingly, the Writ Petition was dismissed.

Cause Title: Avula Surender & Ors V. The State of Telangana & Ors.

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Justice Moushumi BhattacharyaJustice Gadi Praveen Kumar

Pridhi Chopra

    Pridhi Chopra was earlier practicing as an Advocate in Delhi. She pursued B.A. (H) English from Gargi College, University of Delhi, and subsequently pursued a degree in Law.