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Civil · Reportable judgment

Dasari Anil Kumar & Another vs The Child Welfare Project Director & Others

Court
Supreme Court of India
Date
12 August 2025
Case No.
Civil Appeal No. 10544 of 2025
Result
Disposed
Bench
B.V. Nagarathna, K.V. Viswanathan
Citation
[2025] 8 S.C.R. 777 : 2025 INSC 972
Acts & Sections
Hindu Adoptions and Maintenance Act, 1956 Juvenile Justice (Care and Protection of… Constitution
Supreme Court Reports [2025] 8 S.C.R. 777 : 2025 INSC 972
Issue for consideration
Whether the custody of the minor children in question ought to be handed over to the appellants-adoptive parents.
Headnote

Custody – Of minor children – Principle of best interest of children – Juvenile Justice (Care and Protection of Children) Act, 2015 – s.3 – Constitution of India – Art.142 – Custody of the minor children was taken away from the appellants-adoptive parents by the Police based on an FIR and they were handed over to the Child Welfare Project Director and Integrated Child Protection Services – Challenged – Single Judge of the High Court held the action of the police authorities as illegal and without authority of law – Order set aside by Division Bench – Interference with:

Held: Children concerned have been with their adoptive parents for a few months upto three years in these cases – In the best interest of the children and also invoking powers u/Art.142, Constitution of India, respondent-authorities are directed to handover the custody of the children to the respective “adoptive parents” owing to the bonding between them – This is by following the principle of the best interest of the child; principle of family responsibility; principle of safety, positive measures, principle of Institutionalization as a measure of last resort, principle of repatriation and restoration, which are also enunciated as general principles in s.3, Juvenile Justice (Care and Protection of Children) Act, 2015 – Further directions also issued to the concerned authorities as a safeguard and in the best interest of the children, to seek reports on the welfare and progress of the children from the respective “adoptive parents” on a quarterly basis. [Paras 10, 11, 13-15]

Keywords: Custody of minor children · Adoptive parents · Custody of minor children taken away from adoptive parents · Principle of best interest of children · Principle of family responsibility · Principle of safety, positive measures · Principle of Institutionalization · Principle of repatriation and restoration · Bonding between the adoptive parents and the children · Custody of minor children handed over to adoptive parents · Return of the children to the adoptive parents · Adoption · Child Welfare Committee

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Divya Pandey. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Judgment Nagarathna, J. Leave granted. 2. Being aggrieved by the common judgment dated 28.11.2024 passed by the Division Bench of the High Court for the State of Telangana in Writ Appeal Nos.1265 of 2024, 1277 of 2024, 1267 of 2024, 1266 of 2024, the appellants respectively are before this Court. 3. The appellants assailed the validity of the action of the police authorities in taking away the custody of the minor children from them as they claim to be the “adoptive parents” on the premise that it is without authority of law. The details of the cases as narrated by the Division Bench of th
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