Telangana High Court Declines Habeas Corpus Plea To Secure Presence Of Allegedly Adopted Child, Says Adoption Procedure Was Illegal
The Telangana High Court has declined to interfere with the action of the Child Welfare Committee and District Child Protection Unit in taking away the custody of an adopted child residing with the petitioner, holding that the adoption process was illegal. The Division Bench of Justice Moushmi Bhattacharya and Justice Gadi Praveen Kumar has further held that a petition for habeas...
The Telangana High Court has declined to interfere with the action of the Child Welfare Committee and District Child Protection Unit in taking away the custody of an adopted child residing with the petitioner, holding that the adoption process was illegal.
The Division Bench of Justice Moushmi Bhattacharya and Justice Gadi Praveen Kumar has further held that a petition for habeas corpus can only be entertained when the detention of an individual is illegal. The Bench noted that when the adoption process was not followed, the adoption could not be deemed legal.
“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. Admittedly, there is no valid legal adoption and when there is no valid legal adoption, the custody of the Child Welfare Committee cannot be termed as illegal detention.”
Background:
The case of the petitioner (who are the adoptive and biological parents of the baby boy) was that the adoptive parents are the distant relatives of the biological parents, and since the adoptive parents were issueless, the biological parents, who could not care for their child, permitted them to adopt the baby and even executed a deed of adoption in 2023.
Ever since, the baby had been residing with the adoptive parents, and they were taking good care of him. In 2025, when the adoptive parents were travelling to Jogulamba Temple to perform the Chandi Yagam of the baby, the police apprehended them, and took away the boy from their custody, holding their adoption to be illegal.
Both sets of parents approached the Court by way of the present petition, praying that they be given the custody of the boy and further, legalise the adoption.
The government pleaded appearing on behalf of the State, painted a different picture. It was argued that the baby was sold to the adoptive parents through mediators for a price of 5 Lakhs, and keeping the welfare of the child as a priority, the boy was taken away from the parents and shifted to the Specialised Adoption Agency. He argued that the actions of the petitioner amount to an offense under Sections 80, 81 of the Juvenile Justice (Care and Protection of Children) Act, 2015. Lastly, the bench was reassured that the child was well taken care of.
After hearing both sides, the bench concluded that the parents had admitted that the adoption was illegal. Further, the Bench noted that the Child Welfare Committee is a specialized body to deal with the welfare, protection and adoption of children. That when, an expert body was already ceased of the matter and deliberated into it, the interference of the Court would not be required.
“Therefore, under the circumstances of the case, this Court is of the considered opinion that no case is made out for the ingredients attracting the provisions of Habeas Corpus warranting interference by this Court.”
Thus, the petition was dismissed.
WP 15319 of 2025
Counsel for petitioner: Avula Surender, Saidulu Easarapu & K. Laxmaiah
Counsel for respondents: Swaroop Oorilla, Special GP.