The Supreme Court of India has delivered a significant judgment in a series of adoption-related cases from Telangana and Andhra Pradesh, ordering that four minor girls be returned to their adoptive parents. The ruling came on August 12, 2025, following appeals against a Telangana High Court Division Bench decision that had upheld the children’s custody with the Child Welfare Committee (CWC).
Background of the Case
The dispute arose when police authorities took custody of several minor children from individuals claiming to be their adoptive parents. These adoptions were carried out privately, often involving very young infants, without following formal adoption protocols under the Juvenile Justice (Care and Protection of Children) Act, 2015.
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The adoptive parents argued that their actions complied with the Hindu Adoptions and Maintenance Act, 1956, and challenged the police action as illegal and without authority of law. The matter initially went before a Single Judge of the Telangana High Court, who ruled in their favor, stating that the Juvenile Justice Act did not apply in the specific circumstances and directing that custody remain with the adoptive parents.
However, the Child Welfare Project Director and other authorities appealed, leading to a Division Bench order on November 28, 2024, which set aside the Single Judge’s ruling and kept the children in institutional care pending further investigation.
Hearing the appeals of Dasari Anil Kumar, Kandala Padma, Shulla Mallesh, and B. Santosh along with their spouses the Supreme Court emphasized the principle of the best interest of the child, family responsibility, and repatriation and restoration under Section 3 of the Juvenile Justice Act.
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“All decisions regarding the child shall be based on the primary consideration that they are in the best interest of the child,” the Court reiterated.
The Bench, comprising Justice B.V. Nagarathna and Justice K.V. Viswanathan, noted that the children had been living with the adoptive parents for periods ranging from a few months to over three years, fostering deep emotional bonds.
Invoking its extraordinary powers under Article 142 of the Constitution, the Court ordered:
- Return of custody of all four children to their respective adoptive parents by August 14, 2025, 5:00 PM.
- Quarterly welfare checks starting November 2025 by the Member Secretary of the State or District Legal Services Authority.
- Home inspections by Child Welfare Experts to ensure the children’s well-being.
- Reports to be submitted to the jurisdictional Child Welfare Committee.
The Court clarified that this order was specific to the facts of the case and would not affect other legal proceedings initiated by the authorities.
Case Name: Dasari Anil Kumar & Ors. vs. The Child Welfare Project Director & Ors.
Date of Judgment: 12th August 2025
Jurisdiction: Civil Appellate Jurisdiction
Related Appeals:
- Special Leave Petition (C) No. 6322/2025
- Special Leave Petition (C) No. 4342/2025
- Special Leave Petition (C) No. 6426/2025
- Special Leave Petition (C) No. 6605/2025
