Dadi Vijaya, Vs The State of Andhra Pradesh

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[3458]

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APHC010389842025

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

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WEDNESDAY,THE TENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 20467/2025

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Between:

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DADI VIJAYA,, W/O. DADI NAIDU, AGED 32 YEARS, R/O. D.NO. 1427-16, AGIMARRICHETU VEEDHI, NEAR NIDANAM DOODI PO., ANAKAPALLE, ANAKAPALLE DISTRICT - 531002.

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DADI NAIDU,, S/O. LATE DADI APPARAO, AGED 35 YEARS, D.NO. 14-27-16, AGIMARRICHETU VEEDHI, NEAR NIDANAM DOODI, GAVARAPALEM, ANAKAPALLE, ANAKAPALLE DISTRICT - 531002.

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...PETITIONER(S)

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AND

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THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, WOMEN AND CHILD WELFARE DEPARTMENT, SECRETARIAT BUILDINGS, AMARAVATI, GUNTUR DISTRICT.

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THE DISTRICT COLLECTOR, ANAKAPALLI, ANAKAPALLI DISTRICT.

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THE CHAIRMAN, CHILD WELFARE COMMITTEE, VISAKHAPATNAM DISTRICT.

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THE DISTRICT CHILD PROTECTION OFFICER, DISTRICT CHILD PROTECTION UNIT, RAGHURAM COLONY, BACK SIDE OF BALAKRISHNA BUS STOP GAVARAPALEM, ANAKAPALLE.

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THE SPECIAL ADOPTION AGENCY, REP. BY ITS MANAGER, SISHUGRUHA, AT D.NO.38-23-10, GROUND FLOOR, FCL NAGAR, MARRIPALEM, OPP. R AND B, VISAKHAPATNAM - 530 018.

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...RESPONDENT(S):

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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 topleased to issue any writ or direction more particularly a writ in the nature of Writ of Mandamus declaring the action of the respondents No.3 and

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4 in forcibly taking over the custody of child namely Dadi Snehika born on 08.01.2024 from the petitioners as illegal, arbitrary and in contravention of the provisions of the Hindu Adoption and Maintenance Act 1969 and Juvenile Justice Act, 2015 and consequently direct the respondents No.2 to 5 to permit the petitioners to adopt the child namely Dadi Snehika bom on 08.01.2024 and to pass

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IA NO: 1 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 pleased to direct the respondents No.2 to 5 to permit the petitioners to adopt the child namely Dadi Snehika born on 08.01.2024 pending disposal of the above writ petition and pass

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Counsel for the Petitioner(S):

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1.G R SUDHAKAR

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Counsel for the Respondent(S):

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1.GP FOR WOMEN DEV CHILD WELFARE

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2.GP FOR REVENUE-15548/AP/15548/2017

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The Court made the following:

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ORDER:-

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Heard Sri D.Harsha Vardhan, learned counsel appearing on behalf of Sri G.R.Sudhakar, learned counsel for the petitioners and learned Assistant Government Pleader for Women Development and Child Welfare.

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The Writ Petition is filed challenging the action of the 3^rd and 4^th respondents in forcibly taking over the custody of the baby namely Dadi Snehika born on 08.01.2024 from the petitioners, in contravention of the provisions of the Hindu Adoptions and Maintenance Act, 1956 and the Juvenile Justice (Care and 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 a legally wedded husband and wife, having solemnised their marriage on 06.06.2012. Being childless, they were introduced to one lady by the name Maha Lakshmi, who had assured them that she would be able to arrange a baby for adoption from biological parents. On 23.01.2024, the infant female baby was handed over to the 2^nd petitioner by said Maha Lakshmi. The petitioners have found that the baby was suffering from malnutrition. On 07.03.2024, the petitioners performed all formalities towards adoption and naming ceremony at Sri Gowri Panchayathana Devastanam (Gowri Sangam Temple) situated in Gavarapalem, Anakapalle, according to Hindu rites and customs and named as “Dadi Snehika”. On 20.08.2024, the staff of the respondents took the baby namely Dadi Snehika, from the custody of the petitioners and handed over the baby in the office of the Special Adoption Agency, Sishugruha, Visakhapatnam, by alleging that the petitioners purchased the said baby from one Maha Lakshmi. The petitioners visited the Adoption Agency and found that the child had lost weight and was facing depression and loneliness. The petitioners are ready and willing to follow the procedure of the J.J.Act, 2015, to adopt the baby namely Dadi Snehika.

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It is stated by learned counsel for the petitioners that the petitioners have already filed an application dated 09.12.2024 seeking adoption of the baby namely Dadi Snehika and the same is pending for consideration.

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Learned Assistant Government Pleader for Women

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Development and Child Welfarehas placed a copy of instructions, received by him, in the case. Perusal of the same would reflect that the petitioners have to get appropriate permission from the concerned authorities to follow the procedure under Hindu Adoptions and Maintenance Act, 1956 and the J.J.Act, 2015. The adoption rules must be strictly followed, if the petitioners definitely want the child, they must apply on the CARA Website and apply to its rules.

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Considered the submissions.

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From the record it can be discernible that the petitioners during the short period of around six months they cared for the baby, nurtured and taken care of the baby as their own from the same it can be inferred that the same would result in development of emotional bonding with the baby and child also would have felt and got used to the warmth, love and care showered upon her by the petitioners. Since the petitioners did not have children of their own, this court is of the view that the baby would be taken care of, better, in terms of care and protection, wellbeing and welfare, by the petitioners.

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Having regard to the same, this court deems it fit and appropriate to dispose of the writ petition with the following observation:

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The petitioners are at liberty to follow any of the prescribed procedures to adopt the baby namely Dadi Snehika under the provisions of J.J.Act, 2015. Till the process of adoption is completed, the 3^rd respondent is directed to grant custody of the baby to the petitioners, the 3^rd respondent is at

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liberty to make visits to the petitioners’ residence every month till the adoption process is completed and inquire about the welfare of the baby. It is needless to observe that the petitioners shall have the entire process of adoption completed within six (6) months from the date of the receipt of the order.

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