C H Jhansi Achary Vs the State of Ap

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue writ order or direction more particularly one in the nature of Writ of Mandamus, declare the act of respondent No.2 and 3, in passing the orders dated 27.05.2025 which was communicated on 23.06.2025, the same was against the orders of this Honorable Court in WP No.2854 of 2025 dated 07.03.2025 without giving opportunity to the petitioners with regard to the custody of child, that is Child Bharat Chandra Achary born on 04.12.2023, as illegal, uncalled, arbitrary and in contravention of the provisions Hindu adoption and Maintenance 1969 and Juvenile Justice act consequentiany, by setting aside the orders of the respondent No.2 and 3, dated 27.05.2025 which was communicated on 23.06.2025 direct the respondent No.2 and 3 , to handover the child, that is Child Bharat Chandra Achary born on 04.12.2023 to the petitioners forthwith. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the orders of the respondent No.2 and 3 dated 27.05.2025 which was communicated on 23.06.2025, to hand over the child, Child Bharat Chandra Achary born on 04.12.2023 in foster care of the petitioners, forthwith.

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lA NO: 2 OF 2025

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent No.2 and 3, to hand over the child. Child Bharat Chandra Achary born on 04.12.2023 in foster care of the petitioners forthwith.

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Counsel for the Petitioners: SRI G ESWARAIAH

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Counsel for the Respondent Nos.1,2,3: GP FOR WOMEN^DEVCHILD WELFARE

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Counsel for the Respondent Nos.4 & 5: GP FOR HOME

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The Court made the following order:

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'^^^'•APHCOI0366342025 IN THE HIGH COURT OF ANDHRA PRADESH ATAMARAVATI [3458] (Special Original Jurisdiction)

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THURSDAY. THE SEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 18416/2025

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Between:

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1.C H JHANSI ACHARY, AGE 31 YEARS, W/0. DEVI PRASAD^ACHARY, OCCUPATION HOUSE WIFE, R/0. PAILO SAHI, BORIGUMMA, KORAPUT, ODISHA. PIN 764056.

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2.DEVI PRASAD ACHARY,, AGE 44 YEARS. S/O.DAMBARUDHARA ACHARY. OCCUPATION GOLD SMITH, R/0. PAILO SAHI, BORIGUMMA, KORAPUT, ODISHA. PIN-76

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...PETITIONER(S)

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AND

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1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, WOMEN.DEVELOPMENT AND CHILD WELFARE DEPARTMENT, SECRETARIAT, AMARAVATHI.

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2.THE CHILD WELFARE PROJECT DIRECTOR, WOMEN, CHILDREN, DISABLED SENIOR CITIZEN WELFARE DEPARTMENT, VISHAKHAPATNAM DISTRICT.

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3.THE CHILD WELFARE COMMITTEE, REPRESENTED BY ITS CHAIRPERSON VISAKHAPATNAM DISTRICT, ANDHRAPRADESH .

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4.STATION HOUSE OFFICER, GAJUWAKA POLICE STATION, VISAKHAPATNAM CITY.

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5.THE CENTRAL ADOPTION RESOURCE AGENCY, WEST BLOCK-8, WING-2 FIRST FLOOR, RAMAKRISHNAPURAM, NEW DELHI-110 066..

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...RESPONDENT(S):

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Petition under Article 226 of the Constitution of India^{prayingthatinthe} circumstances stated in the affidavit filed therewith,^{theHighCourtmaybe} pleased topleased to issue writ order or direction^{moreparticularlyoneinthe}

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2

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and 3, i^:« on No.2854 of ’20X ?? H the orders of this^H* “"’'hunicated oTo4l2'202V'L'“S',

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in '"1'“°" tinder Section 151 cpr eas^fr' -PPotl petition^ th^H^gh ®*3ted 27^202^^''^"' w/hich was Child Bharat Chandra communicated on 23.06 2025 fn ho ,4 ^ Achary born petitioners, forthwith and pass °n 04,12.2023 in foster''c^roire IANQi2_Or2025

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Counsel for the Petitioner(S):

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1.G ESWARAIAH

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Counsel for the Respondent(S);

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1.GP FOR WOMEN DEV CHILD WELFARE 2 GP FOR HOME

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TThe Court made the following;

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ORD^-.

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Heard Sri G.Eswaraiah learned counsel for the petitioners, learned Government Pieader for Women Development and Child Welfare and learned

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3

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Government Pleader for Home.

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The writ petition is filed challenging the action of^{the2^'^and} 3'"'^ respondents in passing the orders dated 27.05.2025 regarding refusal of custody of the child by name Bharat Chandra Achary, without giving opportunity to the petitioners, in contravention of^{theprovisionsoftheHindu} Adoptions and Maintenance Act, 1956 and the Juvenile^{Justice(Careand} Protection of Children) Act, 2015 (for short “the J.J.Act,^2015”).

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The brief facts of the case are as follows:

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The petitioners are legally wedded husband and wife, having solemnized their marriage on 11.12.2013. Being childless, they were approached by one Ms. Pakala Bhavani, who offered them^{aprematurelyborn} child aged 12 days, citing financial incapacity and^{herinabilitytocareforthe} sick child. The petitioners took the child in adoption^and admitted him to Ramsaranya Hospital, Krishna Nagar, Visakhapatnam on^{16.12.2023,where} he was discharged on 19.12.2023, after treatment. The^{petitionersperformed} a naming ceremony of the child. However, on 18.12.2024, the respondent visited their residence and forcibly took custody Of^{thechild,registeringFIRin} Crime No.445 of 2024 against the said Ms. Pakala Bhavani,^{underchargesof} child trafficking. Subsequently, custody of the child^was handed over to 2'’'^ and 3"'^ respondents. Aggrieved by this action,^{thepetitionersinitiallyfiled} W.P.No.21897 of 2024, which they later withdrew with^{libertytofileaproper} petition. The petitioners were continuously being threatened^{by2"'^and3'"^}

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4

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respondents, indicating their intention to hand over the child to a third part^>>^^ The petitioners then filed W.P.No 2854 of 2025, challenging the illegal removal of the child from their custody. This Hon'ble Court disposed of W.R No.2854 of 2025 vide order dated 07.03.2025 with the following direction;

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and upon7. perusingOn consideringthe entire the submissions of both learned counsels opinion that, the petitioners material on record, this Court is/, of the are interested to adopt the child and approached this Court for the touching the merits of the custody of the child. Hence, without case, this Court deems It appropriate to dispose of the writ petition. directing the petitioners procedure for the custody of the child with them,to adopt the prescribed by having validity executed Adoption Deeds or by following legal procedure of Juvenile Justice Act, 2015, which ^ould allow them to retain their custody forever. Furthe,r the respondents are directed to cooperate with the petitioners inh complying with the petitioners. proper procedure for adoption of the child by the

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Pursuant to this order, the authorities i issued a notice on 10.02.2025 seeking certain documents, which were duly submitted by the petitioners. Despite multiple representations, no response was received. The petitioners filed an RTI application on 23.05.2025, through which they came to know that the 3'"'^ respondent had passed an order dated 27.05.2025 (communicated on 23.06.2025), stating that the petitioners failed to produce necessary documents and did not follow the procedure under the J J.Act, 2015. Accordingly, custody of the child was retained with the SAA, Marripalem, Visakhapatnam. Aggrieved by the same, petitioners filed the present writ petition challenging i impugned order is contrary to the directions of

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of 2025 and has been passed without this Hon’ble Court in W.P.No.2854 affording any opportunity of hearing to the petitioners.

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earlier round of litigation to adopt 5. This Court has directed in the child by executing valid Adoption Deeds or by the procedure for custody of the under the J.J.Act, 2015, however, the following legal procedure C.W.C . 3« respondent passed the impugned order refusing to grant the The C.W.C. passed the following custody of the chiid to the petitioner herein order;

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DIRECTIONS OF THE CWC: In the above circumstances the^{CWCcannotrestorethechildfor} n^entioned in custody of the petitioners unless they oomply the directions Hon'ble High Court, A.P., which mandates the the Writ Order of the petitioners to adopt prescribed procedure 1, File a formal application before your Authority or the oomm^tee. Deeds accordingly HAMA 2. Furnish valid executed Adoption through the Central Adoption Resource applicable or initiate an adoption of the JJ Act and adoption Authority (CARA) as per the provisions regulations.

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regulations. mother (if traceable) of the child subject 3, Produce the biological the child's birth and identity evidence of her to prove mentioned above or the biological mother and the the adoption took place between and to prove petitioners.Hence, the committee has no authority to restore the child to the petitioners non-producing the mentioned documents andapplicable)without adopttngin these the prescribed procedure as per the dJ Act or HAMA (if Circumstances, the child remains at SAA, Marripalem, Visa^na^J as is followed by the petitioners care and protection until due process mentioned in the Writ Order within the time. ^ The Committee reaffirms its commitment to the child's best interest is contingent upon stric under provisions of the JJ Act, Custody restoration adherence to legal mandates.

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Aggrieved by the said order, the petitioners have approached this^ Court seeking set aside of the said order and seeking custody of the child, It is contended that the when the child was adopted by them, he was very weak born under weight, after the adoption, the petitioners have taken utmost care of the child and provided all the facilities. While he was not keeping good health, good medical facilities, were provided to him, thus, his health was improved. After few days, they have performed his naming ceremony and their family has celebrated his arrival and have developed love and affection towards the child. Thus, the learned counsel for the petitioner pleads that till such time the adoption is completed, the custody of the child may be granted to the petitioners.

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The respondents, while passing the impugned order, did not give any credence to the order of this Court. This Court has directed the respondents to co-operate with the petitioners in complying with the procedure for adoption of the child by the petitioners. This court granted liberty to the petitioners to follow prescribed procedure which would allow them to retain the custody of the child forever.

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Having regard to the above, this Court deems it appropriate^to dispose of with petition with the following observations: The impugned order is set aside. As observed by this Court that the petitioner is at liberty to follow any of the prescribed procedures to adopt the child namely Bharat Chandra Achary under the provisions of J.J.Act, 2015. Till the process of adoption is completed, the 3^^ respondent is directed to

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grant custody of the child to the petitioners, the 3'’'^ respondent is at liberty to make visits to the petitioners’ residence every month till the adoption process is completed and inquire about the welfare of the child. Needless to observe that the petitioners shall have the entire process of adoption completed within

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six (6) months from the date of the receipt of this^order.

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With the above observations, the writ petition is disposed of.

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There shall be no order as to costs.

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As a sequel, interlocutory applications, pending if any, shall stand

closed.

//TRUE COPY//

deIStyVegIsWR

To,

SECTION OFFICER

The Principal Secretary Women.Development and Child Welfare Department, Secretariat, Amaravathi.

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The Child Welfare Project Director, Women, Children,^{DisabledSenior} Citizen Welfare Department, Vishakhapatnam District.

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The Child Welfare Committee, Represented by its Chairperson Visakhapatnam District, Andhrapradesh .

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Station House Officer, Gajuwaka Police Station, Visakhapatnam City. 5. The Central Adoption Resource Agency, West Block-8, Wing-2, First Floor, Ramakrishnapuram, New Delhi-110 066..

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