Case Note & Summary
The petitioners, a married couple, filed a criminal writ petition seeking to quash orders dated 27.5.2026 and 5.6.2025 passed by the Child Welfare Committee, Chandrapur, and for issuance of a writ of habeas corpus to hand over custody of a minor girl child. The petitioners, who were childless, adopted a female child from the Shilar family, who had given birth to twins and wished to give the girl child in adoption. Both families were Hindus, and a deed of adoption was executed under the Hindu Adoptions and Maintenance Act, 1956. The child was handed over to the petitioners when she was six days old. The petitioners did not register the deed but got it notarized. The Child Welfare Committee passed orders directing the petitioners to produce the child and later directed the child to be kept in a children's home. The petitioners challenged these orders. The court held that the Child Welfare Committee has no jurisdiction over private adoptions under the Hindu Adoptions and Maintenance Act, 1956, and the impugned orders were without authority. The court quashed the orders and directed that the child be returned to the petitioners, as the adoption was valid and in the best interest of the child.
Headnote
A) Family Law - Private Adoption - Jurisdiction of Child Welfare Committee - Hindu Adoptions and Maintenance Act, 1956 - The Child Welfare Committee has no jurisdiction over private adoptions between consenting Hindu families under the Hindu Adoptions and Maintenance Act, 1956. The impugned orders passed by the Committee were without authority and are quashed. (Paras 1-10) B) Family Law - Adoption - Validity of Unregistered Deed of Adoption - Hindu Adoptions and Maintenance Act, 1956 - An unregistered deed of adoption is not invalid under the Hindu Adoptions and Maintenance Act, 1956. The adoption is valid if the requirements of the Act are satisfied. (Paras 3-5) C) Constitutional Law - Writ of Habeas Corpus - Maintainability - The writ of habeas corpus is not maintainable when the custody of the child is lawful and in the best interest of the child. The petitioners have lawful custody under a valid adoption deed. (Paras 2, 10)
Issue of Consideration
Whether the Child Welfare Committee has jurisdiction to pass orders regarding custody of a child adopted privately under the Hindu Adoptions and Maintenance Act, 1956, and whether the impugned orders are sustainable.
Final Decision
The court allowed the petition, quashed the impugned orders dated 27.5.2026 and 5.6.2025, and directed that the child be handed over to the petitioners. The writ of habeas corpus was not specifically granted as the custody was lawful.
Law Points
- Private adoption under Hindu Adoptions and Maintenance Act
- 1956 is valid without registration
- Child Welfare Committee lacks jurisdiction over private adoptions
- Writ of Habeas Corpus not maintainable when custody is lawful
- Best interest of child is paramount
