Dismissed

Rajesh.P.R v. Child Welfare Committee

Kerala HC9 Dec 2022WP(C)/4862/2022

Case brief

AI extract

What is this about?

High Court closed a PIL-type writ petition filed by adoptive parents seeking relief due to their adopted child's refusal to stay. Court directed them to approach the court that issued the original adoption order under the Adoption Regulations 2017 to file for annulment of the adoption.

What did the court decide?

Writ petition closed; liberty reserved to approach the court that issued the adoption order.

Rajesh.P.R Vs Child Welfare Committee — Child Custody and Guardianship | Kerala HC (2022)

¶1

W.P.(C)No.4862/2022

¶2

¶3

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶4

PRESENT

¶5

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶6

FRIDAY, THE 9^TH DAY OF DECEMBER 2022 / 18TH AGRAHAYANA, 1944 WP(C) NO. 4862 OF 2022

¶7

PETITIONERS:

¶8

1 RAJESH.P.R AGED 59 YEARS RESIDING AT SREEDHANYA HOMES, B-BLOCK, 4-C, KALLAMPALLY, MEDICAL COLLEGE P.O, THIRUVANANTHAPURAM THIRUVANANTHAPURAM, PIN - 695011 2 LISHA AGED 52 YEARS RESIDING AT SREEDHANYA HOMES, B-BLOCK, 4-C, KALLAMPALLY, MEDICAL COLLEGE P.O, THIRUVANANTHAPURAM, PIN - 695011 BY ADVS. MITHUN P. AFSAL KHAN H.

¶9

RESPONDENT/S:

¶10

CHILD WELFARE COMMITTEE REPRESENTED BY CHAIRPERSON, POOJAPURA, THIRUVANANTHAPURAM, PIN - 695012 2.NISHKAM SEWA AASHRAM, REGD.N.G.O., REPRESENTED BY ITS DIRECTOR, H.O : VILL DAAD, PAKHOWAL ROAD, LUDHIANA, PUNJAB - 142 022 (R2 IS IMPLEADED AS PER ORDER DATED 22/3/2022 IN I.A.NO.1/2022)

W.P.(C)No.4862/2022

OTHER PRESENT:

GP P.S.APPU

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P.(C)No.4862/2022

V.G.ARUN J.

W.P.(C) No.4862 of 2022

¶20

Dated this the 9th day of December 2022

¶21

JUDGMENT

¶22

The petitioners are facing a predicament, since the child adopted by them is demanding to go back to the home from where she was taken in adoption.

¶23

As the child refused to live with the petitioners, she is now under the care and protection of the Child Welfare Committee. Petitioners adopted the child on the basis of permission granted by the Guardian Judge, Ludhiana. Going by the Regulation 13(7) of the Adoption Regulations 2017, in case of dissolution of adoption, the application for annulment of the adoption order has to be filed before the court which issued the order. Being so, the petitioners' remedy is to approach the court which passed Ext.P1 order.

¶24

The writ petition is accordingly closed, reserving the petitioners' liberty to take appropriate action in terms of Regulation 13 (7) of the Adoption Regulations 2017.

Sd/-

V.G.ARUN, JUDGE

dpk

W.P.(C)No.4862/2022

APPENDIX OF WP(C) 4862/2022

¶31

PETITIONERS' EXHIBITS:

¶32

EXT.1: COPY OF THE ORDER OF THE COURT OF JAAPINDER SINGH PCS, GUARDIAN JUDGE, LUDIANA IN CASE NO. GA 140 OF 22/11/2017 DIRECTING THE ADOPTION DATED 16/2/2018

¶33

RESPONDENT EXHIBITS

¶34

Exhibit R1(c) A true copy of the counseling report dated 01.10.2021 of the child Exhibit R1(b) A true copy of the medical records produced by the petitioners Exhibit R1(d) A true copy of the placement order Exhibit R1(e) A true copy of the letter dated 05.02.2022 Exhibit R1(a) A true copy of the application dated 25.09.2021 submitted by the petitioners before the respondent

Rajesh.P.R v. Child Welfare Committee

Case brief

What is this about?

What did the court decide?

Rajesh.P.R v. Child Welfare Committee

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

S. Raveendranath Pai Vs State of Kerala

Mumthas C.V. Vs State of Kerala

The All India Civil Accounts Employees Association Vs Union of India

Roopam Engineers and Contractors Private Limited Vs Indian Space Research Organization (Isro)

The Thiruvalla East Co-Operative Bank Ltd. NO.3260, Vs the Reserve Bank of India

Ramanan Vs State Bank of India