New Delhi:The Supreme Court has set aside a Telangana High Court order concerning the custody of a minor and directed the child welfare committee in Hyderabad to hand over the child to the couple claiming to be his adoptive parents.
Allowing an appeal filed by the couple against the High Court’s June 12, 2025, order, a two-judge Bench comprising Justice M.M. Sundresh and Justice Prasanna B. Varale directed the committee at Shishu Griha in Hyderabad to hand over the child to the petitioner and his spouse.
The case arose after the child welfare committee took custody of the child on suspicion that his biological mother had sold him to the couple.
The Supreme Court noted that the identity of the child’s biological mother was undisputed. It said the fact that she had given the child up for adoption because financial constraints prevented her from caring for him would not, by itself, justify the presumption that he had been sold.
The court also observed that the child had been in the couple’s care and that there was no allegation that they had failed to look after him properly.
The Telangana High Court had earlier declined to regard the child welfare committee’s custody of the minor as illegal detention. It observed that the adoption deed did not comply with the Juvenile Justice (Care and Protection of Children) Act, 2015, and that the adoption had not been processed through the Central Adoption Resource Authority.
While directing that the child be handed over to the couple, the Supreme Court clarified that its order would not affect investigations into allegations involving the trafficking of other children.
“We make it clear that we are not touching upon the issues pertaining to the pending investigation(s) concerning other children who are alleged to have been trafficked,” it said.
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