In an emotional hearing before the High Court of Karnataka, Justice D.K. Singh dealt with a sensitive custody dispute involving a nine-year-old boy who had been raised since infancy by a Shivamogga couple.
The court balanced procedural law with what it repeatedly called the “paramount welfare of the child,” ultimately allowing the child to remain with the couple while directing the Child Welfare Committee (CWC) to complete a formal inquiry.
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Background of the Case
The petitioners, a married couple aged 51 and 54, told the court that in June 2016, during a visit to Sri Gavisiddeshwara Swami Mutt, they came across a three-day-old abandoned infant. On the advice of the Swamiji, they took the baby into their care.
They brought the child to Shivamogga, enrolled him in school, and raised him as their own.
However, in July 2017, the Child Welfare Committee at Shivamogga issued a notice questioning the legality of the child’s custody. The couple appeared before the committee.
In February 2020, the CWC published a public notice stating that a complaint had been received alleging the child was in illegal custody. The notice invited any biological parent or relative to come forward. No one responded.
Later, in August 2021, the couple formally applied for foster care under the Model Guidelines for Foster Care, 2016. The child was briefly taken into CWC custody. When they were unable to regain custody, the couple approached the High Court.
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In October 2021, the High Court had already directed that the child be returned to the couple, while granting the CWC visitation rights for supervision.
Petitioners’ Stand
Appearing for the couple, counsel submitted that the child had been with them for nearly a decade and was now studying in Class 4.
The lawyer told the court that the couple had lost two biological children earlier - one at the age of 12 and another within four months of birth. The boy in question had become their only child.
“Plucking the child away at this stage would be inhuman and against his welfare,” counsel argued.
The petitioners also informed the court that they had applied to the Central Adoption Resource Authority (CARA) for formal adoption and were willing to comply with any direction to secure the child’s welfare.
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Government’s Response
The Additional Government Advocate, representing the Child Welfare Committee, argued that under the Juvenile Justice (Care and Protection of Children) Model Rules, 2016, any child in need of care and protection must be produced before the CWC.
He pointed out that the couple had not initially followed the prescribed legal procedure. A complaint was received alleging illegal custody, prompting the CWC to initiate proceedings and publish the notice.
He requested the court to direct the petitioners to produce the child before the committee so that an inquiry could be conducted under Rule 19 of the Model Rules.
Court’s Observations
Justice D.K. Singh carefully examined Rules 18 and 19 of the Model Rules, 2016, which require the CWC to conduct an inquiry to ensure the welfare of a child in need of care and protection.
The court noted that the child had been abandoned just three days after birth and had grown up in the petitioners’ home ever since.
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The bench observed, “The paramount interest of the child's welfare, care and protection would be secured in the hands of the petitioners who have been looking after the child as their own child.”
The judge acknowledged that while there may have been procedural lapses, the welfare of the child could not be ignored.
The Decision
The High Court directed the petitioners to produce the child before the Child Welfare Committee, Bengaluru, on March 10, 2026.
The CWC has been ordered to conduct a proper inquiry under Rule 19 to assess whether the child’s welfare is secure in the custody of the petitioners.
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Importantly, the court made it clear that the child shall continue to remain in the custody of the petitioners during the inquiry.
The court further directed that once the CWC completes its inquiry, the petitioners’ adoption application must be processed expeditiously. If found eligible, the child should be legally given to them in adoption.
With these directions, the writ petition was disposed of.
Case Title: Petitioners vs Child Welfare Committee
Case No.: WP No. 18481 of 2021
Decision Date: 05 February 2026
