Can’t Suddenly Hand Over Adopted Child To Biological Parents, May Affect His Psychology: Madhya Pradesh HC

In the case of Smt. Alka Sharma and Anr. v. The State of Madhya Pradesh and Ors (Writ Petition No. 5205 of 2022), the Madhya Pradesh High Court, Indore Bench recently declined to intervene in a custody dispute, holding that an adopted child cannot be given to his biological parents without first determining whether the child is aware of his parentage. The Court additionally emphasised that because family courts are well-equipped for such matters, they are the proper forums for such inquiries.

Brief Facts Of The Case:  As the biological parents of a 12-year-old boy, the petitioners sought custody of their son from his adoptive parents in a writ petition in the type of a habeas corpus before Justice Vivek Rusia. The Petitioners’ argument was that they had surrendered one of their sons to the Respondents until those people had their own kid. However, over time, things between the Petitioners and Respondents got worse. As a result, the Petitioners were determined about obtaining their son back from the Respondents, who were his adoptive parents. The petitioners made the case that, under extraordinary circumstances, the High Court can issue a writ of habeas corpus in order to secure the custody of a child by citing the Supreme Court’s ruling in Tejaswini Guad v. Shekar Jagdish Prasad Tiwari.

Judgement: Taking into account the broad scope of its authority when handling a petition in the nature of a Habeas Corpus for child custody, the Court noted that in the current case, the child, who is around 12 years old, could not be suddenly handed over to the Petitioners without confirming whether he knew they were his biological parents. The Guardians and Wards Act of 1890’s provisions required the competent court to conduct such inquiries, the report said. The Court dismissed the petition and declared that the dismissal would not prevent the parties’ rights from being decided by the appropriate court.



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