APHC010366342025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE SEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 18416 OF 2025 Between; 1. C H Jhansi Achary, Age 31 years, W/o. Devi Prasad Achary, Occupation House Wife, R/o. Pailo Sahi, Borigumma, Koraput, Odisha. PIN 764056. 2. Devi Prasad Achary, Age 44 years, S/o.Dambarudhara Achary, Occupation Gold Smith, R/o. Pailo Sahi, Borigumma, Koraput, Odisha. PIN-76 ...Petitioners AND The State Of Andhra Pradesh, Rep. by its Principal Secretary, Women Development and Child Welfare Department, Secretariat, Amaravathi. 2. The Child Welfare Project Director, Women, Children, Citizen Welfare Department, Vishakhapatnam District. 3. The Child Welfare Committee, Represented by its Chairperson Visakhapatnam District, Andhrapradesh . 4. Station House Officer, Gajuwaka Police Station, Visakhapatnam City. 5. The Central Adoption Resource Agency, West Block-8 Floor, Ramakrishnapuram, New Delhi-110 066. 1. Disabled Senior Wing-2, First ...Respondents 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 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 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 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. lA NO: 2 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 direct the respondent No.2 and 3, to hand Chandra Achary born on 04.12.2023 in foster care of the petitioners forthwith. consequentiany, by , to to over the child. Child Bharat Counsel for the Petitioners: SRI G ESWARAIAH Counsel for the Respondent Nos.1,2,3: GP FOR WOMEN DEV CHILD WELFARE Counsel for the Respondent Nos.4 & 5: GP FOR HOME The Court made the following order: '^^^'•APHCOI0366342025 IN THE HIGH COURT OF ANDHRA PRADESH ATAMARAVATI (Special Original Jurisdiction) [3458] THURSDAY. THE SEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 18416/2025 Between: 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. 2.DEVI PRASAD ACHARY,, AGE 44 YEARS. S/O.DAMBARUDHARA ACHARY. OCCUPATION GOLD SMITH, R/0. PAILO SAHI, BORIGUMMA, KORAPUT, ODISHA. PIN-76 ...PETITIONER(S) AND 1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, WOMEN.DEVELOPMENT AND CHILD WELFARE DEPARTMENT, SECRETARIAT, AMARAVATHI. 2.THE CHILD WELFARE PROJECT DIRECTOR, WOMEN, CHILDREN, DISABLED SENIOR CITIZEN VISHAKHAPATNAM DISTRICT. 3.THE CHILD WELFARE COMMITTEE, REPRESENTED BY ITS CHAIRPERSON VISAKHAPATNAM DISTRICT, ANDHRAPRADESH . GAJUWAKA POLICE STATION, WELFARE DEPARTMENT, 4.STATION HOUSE OFFICER, VISAKHAPATNAM CITY. 5.THE CENTRAL ADOPTION RESOURCE AGENCY, WEST BLOCK-8, WING-2 FIRST FLOOR, RAMAKRISHNAPURAM, NEW DELHI-110 066.. ...RESPONDENT(S): 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 writ order or direction more particularly one in the 2 No.2854 of ’20X?? H the orders of this^H* “"’'hunicated oTo4l2'202V'L'“S', in '"1'“°" tinder Section 151 cpr eas^fr' -PPotl 27^202^^''^"' w/hich was Child Bharat Chandra petitioners, forthwith IANQi2_Or2025 and 3, i^:« on petition^ th^H^gh ®*3ted on 23.06 2025 fn ho ,4 ^ °n 04,12.2023 in foster''c^roire communicated Achary born and pass Counsel for the Petitioner(S): 1.G ESWARAIAH Counsel for the Respondent(S); DEV CHILD WELFARE 1.GP FOR WOMEN 2 GP FOR HOME TThe Court made the following; ORD^-. Heard Sri G.Eswaraiah Government Pieader for learned Women Development counsel for the petitioners, learned and Child Welfare and learned 3 Government Pleader for Home. The writ petition is filed challenging the action of the 2^'^ 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 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”). 2. The brief facts of the case are as follows: 3. 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 a prematurely born child aged 12 days, citing financial incapacity and her inability to care for the 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 petitioners performed of the child. However, on 18.12.2024, the respondent a naming ceremony visited their residence and forcibly took custody Of the child, registering FIR in Crime No.445 of 2024 against the said Ms. Pakala Bhavani, under charges of child trafficking. Subsequently, custody of the child was handed over to 2'’'^ and 3"'^ respondents. Aggrieved by this action, the petitioners initially filed W.P.No.21897 of 2024, which they later withdrew with liberty to file a proper petition. The petitioners were continuously being threatened by 2"'^ and 3'"^ 4 respondents, indicating their intention The petitioners then filed W.P.No of the child from W.R No.2854 of 2025 vide to hand over the child to a third part^>>^^ 2854 of 2025, challenging the illegal This Hon'ble Court order dated 07.03.2025 with the removal disposed of following direction; their custody. 7. On considering the submissions of both learned material on record, this Court /, are interested to adopt the counsels is of the child and without and upon perusing the entire opinion that, the petitioners approached this Court for the touching the merits of the of the writ petition. custody of the child. Hence, case, this Court deems It appropriate to dispose directing the petitioners to adopt the prescribed procedure for the custody of the child with them, by having validity or by following legal executed Adoption Deeds Justice Act, 2015, which procedure of Juvenile ^ould allow them to retain their custody forever. Furthe,r the respondents complying with the are directed to cooperate with the petitioners hin proper procedure for adoption of the child by the petitioners. 4. Pursuant to this 10.02.2025 seeking certain petitioners. Despite multiple petitioners filed an RTI application know that the 3'"'^ (communicated order, the authorities i documents, which issued a notice on were duly submitted by the received. The representations, no response was on 23.05.2025, through which they passed an order dated petitioners failed to the procedure child was retained with the same, petitioners filed the impugned order is contrary to the directions came to respondent had 27.05.2025 on 23.06.2025), stating that the produce necessary documents and did not follow under the J J.Act, 2015. Marripalem, Visakhapatnam. present writ petition challenging i Accordingly, custody of the SAA, Aggrieved by the of 5 of 2025 and has been passed without this Hon’ble Court in W.P.No.2854 affording any opportunity of hearing to the petitioners. earlier round of litigation to adopt child by executing valid Adoption Deeds or by under the J.J.Act, 2015, This Court has directed in the the procedure for custody of the 5. the however, following legal procedure . 3« respondent passed the impugned order refusing to grant the The C.W.C. passed the following C.W.C custody of the chiid to the petitioner herein order; DIRECTIONS OF THE CWC: In the above circumstances the CWC cannot restore the child for custody of the petitioners unless they oomply the directions n^entioned in 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. 2. Furnish valid executed Adoption Deeds accordingly HAMA through the Central Adoption Resource of the JJ Act and adoption applicable or initiate an adoption Authority (CARA) as per the provisions regulations. mother (if traceable) of the child subject the child's birth and identity the biological mother and the 3, Produce the biological evidence of her to prove the adoption took place between mentioned above or and to prove petitioners. the committee has no authority to restore the child to the petitioners non-producing the mentioned documents and without adopttng prescribed procedure as per the dJ Act or HAMA (if applicable) Circumstances, the child remains at SAA, Marripalem, Visa^na^J is followed by the petitioners Hence, in these the as and protection until due process mentioned in the Writ Order within the time. ^ The Committee reaffirms its commitment to the child's best interest under provisions of the JJ Act, Custody restoration is contingent upon stric adherence to legal mandates. care 6. Aggrieved by the said order, the petitioners have approached this^ Court seeking set aside of the said order and seeking custody of the child, 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 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 improved. After few days, they have performed his It care was 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. 7. 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. 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 8. 7 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 six (6) months from the date of the receipt of this order. With the above observations, the writ petition is disposed of. There shall be no order as to costs. 9. As a sequel, interlocutory applications, pending if any, shall stand closed. deIStyVegIsWR //TRUE COPY// SECTION OFFICER To, The Principal Secretary Department, Secretariat, Amaravathi. The Child Welfare Project Director, Women, Children, Disabled Senior Citizen Welfare Department, Vishakhapatnam District. The Child Welfare Committee, Represented by its Chairperson Visakhapatnam District, Andhrapradesh . Station House Officer, Gajuwaka Police Station, Visakhapatnam City. The Central Adoption Resource Agency, West Block-8, Wing-2, First Floor, Ramakrishnapuram, New Delhi-110 066.. One CC to Sri. G Eswaraiah, Advocate [OPUC] Two CCs to GP For Women Dev Child Welfare, High Court of Andhra Pradesh [OUT] Two CCs to GP For Home, High Court of Andhra Pradesh [OUT Two CD Copies. Women.Development and Child Welfare 1. 2. 3. 4. 5. 6. 7. 8. 9. AL HIGH COURT DATED:07/08/2025 f| "I SEP 2025 ^ V*|"™"'S««ion .-p ORDER WP NO. 18416 OF 2025 DISPOSING OF THE W.P. WITHOUT COSTS