Madhya Pradesh HC: Adopted Child cannot be Handed Over to Biological Parents without his Knowledge of Parentage

Adoption Child Porn law insider

Mitali Palnitkar

Published on: March 22, 2022 at 13:10 IST

The Indore Bench of Madhya Pradesh High Court while dealing with a matter related to Custody of child held that an Adopted Child cannot be handed over to the Biological Parents without enquiring whether he has any knowledge about his parentage.

Justice Vivek Rusia was hearing a Habeas Corpus Writ Petition, wherein the Petitioners who are the biological parents of the 12-year-old child, sought Custody of the Child from his Adoptive parents.

The Court noted that Family Courts are appropriate to be approached for such enquiries as they are well-equipped for dealing with such matters.

The Petitioners submitted that they had given one of their sons to the Respondents until they had a child of their own.

However, the relation between the two worsened over a period of time. Later, the Petitioners insisted on getting their child back from the Respondents.

The Petitioners relied on the decision of Supreme Court in Tejaswini Guad v Shekar Jagdish Prasad Tiwari and argued that the High Court can issue a Writ of Habeas Corpus in exceptional circumstances in order to secure the Custody of child.

The Court observed that in a Child Custody matter, Writ of Habeas Corpus is maintainable when it is proved that the detention of minor child was illegal and without the authority of law.

It stated, “It is only in an exceptional Case the Right of the Parties to the Custody of the Minor will be determined in the exercise of extraordinary Jurisdiction on a Petition for Habeas Corpus.”

The Court noted that the child shall not be handed over to the Petitioners without verifying whether the child knew about his biological parents, as it may affect the psychological state of his mind.

Also, such enquiries are liable to be conducted under the provisions of The Guardians and Wards Act, 1890 by a Competent Court.

It further observed that the Welfare of the child shall be the paramount consideration while dealing with a Child Custody Case.

Therefore, the Court dismissed the Petition and held that the dismissal of the Petition in the way the rights between the parties are decided before a Competent Court.

 Also read:

What are the different types of Writs?

How are Writ petitions filed in Supreme Court?

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