Court Rules Child Welfare Committee Exceeded Jurisdiction; Adoption Valid Despite Notarization
Nagpur, June 29, 2026 - In a significant ruling, the Nagpur Bench of the Bombay High Court has ordered the Child Welfare Committee (CWC) to return a minor child to her adoptive parents, Manisha Sanjay Chennurwar and her husband. The court declared that the CWC had acted beyond its jurisdiction by taking custody of the child, as she did not meet the criteria of a "child in need of care and protection" under the Juvenile Justice (Care and Protection of Children) Act, 2015.
The petitioners, a couple residing in Chandrapur, had adopted the child through a notarized deed with the consent of the biological parents, Prashant and Komal Shilar. The adoption process did not follow the guidelines set by the Central Adoption Resource Authority (CARA), leading to the CWC's intervention. However, the court found that the child was neither abandoned nor orphaned, which are primary considerations for CWC's jurisdiction.
The High Court, presided over by Justices Urmila Joshi-Phalke and Nivedita P. Mehta, emphasized that a writ of habeas corpus could be issued to restore the custody of a child wrongfully detained. The court noted that while the notarized adoption deed did not confer valid legal rights under the Hindu Adoptions and Maintenance Act, 1956, the CWC's custody was nonetheless deemed illegal.
The ruling referenced a previous judgment in the case of Leelendra Deju Shetty v. The State of Maharashtra, where the court held that CWC could not exercise jurisdiction over children not classified as "orphan" or "abandoned." The court reiterated that the well-being of the child is paramount and directed the immediate return of the child to the petitioners.
The petitioners' counsel, Shri N.R. Rathod, argued that despite the procedural lapses, the biological parents' consent and the welfare of the child justified the adoption. The court accepted this argument, underscoring that the CWC lacked the authority to interfere in such cases.
This judgment highlights the complexities surrounding adoption procedures in India, especially when informal agreements clash with statutory requirements. It also underscores the court's role in ensuring that child welfare remains the primary consideration in custody disputes.
Bottom Line:
Juvenile Justice (Care and Protection of Children) Act, 2015 - Child Welfare Committee (CWC) cannot exercise jurisdiction over a child who is neither "orphan" nor "abandoned" and does not fall within the category of "children in need of care and protection" as defined under Section 2(14) of the Act.
Statutory provision(s): Juvenile Justice (Care and Protection of Children) Act, 2015, Section 2(14), Hindu Adoptions and Maintenance Act, 1956, Guardians and Wards Act, 1890.
