best interest of the child - The Legal Chamber

The Supreme Court ruled that removing children from their adoptive parents violated the principle of the child's best interest, a cornerstone of juvenile justice law. Invoking Article 142 to ensure complete justice, the Court ordered the children's immediate return, prioritizing family bonds and rehabilitation over procedural non-compliance in adoption. Facts Of The Case: In a series of connected cases, multiple sets of appellants from Andhra Pradesh and Telangana claimed to be the adoptive parents of minor girls. They had adopted the children, ranging from two days to twenty days old, directly from the biological parents between 2021 and early 2024 under the provisions of the Hindu Adoptions and Maintenance Act, 1956. However, on May 22, 2024, police authorities forcibly took custody of...

The Supreme Court exercised its review jurisdiction under Article 137 of the Constitution, emphasizing the limited scope of review and the paramount consideration of the child's welfare in custody matters. The Court recalled its earlier order, restoring custody to the mother while granting visitation rights to the father, citing the child's mental health and stability as decisive factors. The judgment reaffirmed that custody orders are interlocutory and subject to modification based on the child's evolving best interests, aligning with the doctrine of parens patriae. The Court underscored the necessity of a stable environment for the child's holistic development and cautioned against abrupt changes in custody arrangements. Facts Of The Case: The case involves a custody dispute between Ne...

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Supreme Court Returns Children to Adoptive Parents, Prioritizes Family Bonds Over Procedure

Landmark Ruling: Supreme Court Restores Mother’s Custody Based on Psychological Reports