In a landmark observation favoring child welfare over rigid procedural technicalities, the Karnataka High Court has intervened in a decade-long battle for legal parenthood. The court directed state authorities to consider the adoption plea of a Shivamogga-based couple who has been raising an abandoned boy since 2016. Justice DK Singh emphasized that the child’s best interests must remain the primary focus of the legal process.
The case brings to light the emotional and legal complexities of informal adoptions in India. The petitioners, a couple from Shivamogga, approached the High Court after facing legal hurdles from the Child Welfare Committee (CWC). They had taken custody of the infant nearly ten years ago under unique and tragic circumstances.
According to court records, the couple lost their biological child, who was born with disabilities, just four months after birth in 2012. Four years later, a three-day-old infant was found abandoned at the Gavi Siddheshwara Swami Mutt. The seer of the mutt entrusted the baby to the couple on June 10, 2016. Since then, the boy has grown up in their care and is currently a fourth-grade student.
Seeking Legal Status Through a Humanitarian Lens
The legal battle intensified in 2017 when the Child Welfare Committee initiated proceedings regarding the child’s status. The couple argued that denying them the right to adopt would be “inhuman,” given the deep emotional bond established over a decade. They maintained that they had provided a stable, loving home to a child who had no one else.
Justice DK Singh, while presiding over the matter, noted that while the couple might have missed specific procedural steps outlined in the Juvenile Justice (Care and Protection of Children) Model Rules, 2016, their intent was never in question. The court observed that the petitioners looked after the child as their own, ensuring his education and well-being.
Court Directives for the Child Welfare Committee
To ensure the child’s safety while following the rule of law, the High Court has set a specific roadmap for the authorities. The petitioners are required to produce the child before the Child Welfare Committee in Bengaluru on March 10. The committee is tasked with conducting a thorough inquiry to verify if the child’s welfare and interests are fully secured in the couple’s custody.
The court was explicit in its instructions: if the inquiry finds the environment suitable and the petitioners eligible, the adoption process must be expedited. This directive places a significant responsibility on the Central Adoption Resource Authority (CARA) to act swiftly once the CWC clears the inquiry phase.
Priority Given to the Best Interests of the Child
A crucial aspect of the order is the protection of the child’s current living situation. Justice Singh ordered that the child must remain in the custody of the petitioners while the CWC conducts its investigation. This prevents the trauma of displacement for the young boy, who has known no other parents for the last ten years.
Legal experts suggest that this ruling underscores a “child-centric” approach in Indian family law. By prioritizing the “paramount interest of the child’s welfare” over “procedural and legal oversight,” the court has signaled that the spirit of the law should facilitate care rather than obstruct it.
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