Legal Safeguards - 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 of India, in Dhanyam v. State of Kerala & Ors., set aside a preventive detention order, emphasizing that such extraordinary power must be used sparingly and only in situations affecting "public order," not merely "law and order". The Court reiterated that if a detenu is on bail and allegedly violating conditions, the State should seek bail cancellation rather than resorting to preventive detention. Facts Of The Case: The appeal originated from a High Court of Kerala judgment dated September 4, 2024, which affirmed a preventive detention order issued on June 20, 2024, by the District Magistrate, Palakkad. The detenu, Rajesh, the appellant's husband, runs a registered lending firm named 'Rithika Finance'. The detention order, issued under Section 3(1) of the Kerala ...

Tag: Legal Safeguards

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