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]
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.
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