DASARI ANIL KUMAR & ANOTHER versus THE CHILD WELFARE PROJECT DIRECTOR & OTHERS

Citation: [2025] 8 S.C.R. 777 · Decided: 12-08-2025 · Supreme Court of India · Bench: B.V. NAGARATHNA · Disposal: Disposed off
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Judgment (excerpt)

[2025] 8 S.C.R. 777 : 2025 INSC 972
Dasari Anil Kumar & Another 
v. 
The Child Welfare Project Director & Others
(Civil Appeal No. 10544 of 2025)
12 August 2025
[B.V. Nagarathna* and K.V. Viswanathan, JJ.]
Issue for Consideration
Whether the custody of the minor children in question ought to be 
handed over to the appellants-adoptive parents.
Headnotes†
Custody – Of minor children – Principle of best interest of 
children – Juvenile Justice (Care and Protection of Children) 
Act, 2015 – s.3 – Constitution of India – Art.142 – Custody of the 
minor children was taken away from the appellants-adoptive 
parents by the Police based on an FIR and they were handed 
over to the Child Welfare Project Director and Integrated Child 
Protection Services – Challenged – Single Judge of the High 
Court held the action of the police authorities as illegal and 
without authority of law – Order set aside by Division Bench – 
Interference with:
Held: Children concerned have been with their adoptive parents for 
a few months upto three years in these cases – In the best interest 
of the children and also invoking powers u/Art.142, Constitution of 
India, respondent-authorities are directed to handover the custody 
of the children to the respective “adoptive parents” owing to the 
bonding between them – This is by following the principle of the 
best interest of the child; principle of family responsibility; principle 
of safety, positive measures, principle of Institutionalization as a 
measure of last resort, principle of repatriation and restoration, which 
are also enunciated as general principles in s.3, Juvenile Justice 
(Care and Protection of Children) Act, 2015 – Further directions 
also issued to the concerned authorities as a safeguard and in the 
best interest of the children, to seek reports on the welfare and 
progress of the children from the respective “adoptive parents” on 
a quarterly basis. [Paras 10, 11, 13-15]
* Author
778
[2025] 8 S.C.R.
Supreme Court Reports
List of Acts
Hindu Adoptions and Maintenance Act, 1956; Juvenile Justice 
(Care and Protection of Children) Act, 2015; Constitution of India.
List of Keywords
Custody of minor children; Adoptive parents; Custody of minor 
children taken away from adoptive parents; Principle of best 
interest of children; Principle of family responsibility; Principle of 
safety, positive measures; Principle of Institutionalization; Principle 
of repatriation and restoration; Bonding between the adoptive 
parents and the children; Custody of minor children handed 
over to adoptive parents; Return of the children to the adoptive 
parents; Adoption; Child Welfare Committee; Child Welfare Expert; 
Reports on welfare and progress of the children to be sought on 
quarterly basis; Powers under Article 142 of the Constitution of 
India invoked; Section 3, Juvenile Justice (Care and Protection 
of Children) Act, 2015; Women Development and Child Welfare 
Department.
Case Arising From
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 10544  
of 2025
From the Judgment and Order dated 28.11.2024 of the High Court 
for the state of Telangana at Hyderabad in WA No. 1265 of 2024
With
Civil Appeal No(s). 10545, 10546 and 10547 of 2025
Appearances for Parties
Advs. for the Appellants:
Dama Seshadri Naidu, Sr. Adv., M Srinivas R Rao, Abid Ali Beeran 
P, Sarath S Janardanan, Saswat Adhyapak, Ms. Namita Kumari.
Advs. for the Respondents:
Vikramjit Banerjee, A.S.G., Ravi Shankar Jandhyala, Sr. Adv., 
Sravan Kumar Karanam, Ms. Neha Rai, Ms. M. Harshini, Kumar 
Abhishek, Rupesh Kumar, Sachin Sharma, Prahlad Singh, Pratyush 
Shrivastava, Samarvir Singh, Shashank Bajpai, Shubhendu Anand, 
Adarsh Kumar Pandey, Dr. N. Visakamurthy, Ms. Devina Sehgal, 
M. Srikanth Varma.
[2025] 8 S.C.R. 
779
Dasari Anil Kumar & Another v.  
The Child Welfare Project Director & Others
Judgment / Order of the Supreme Court
Judgment
Nagarathna, J.
Leave granted.
2.	
Being aggrieved by the common judgment dated 28.11.2024 passed 
by the Division Bench of the High Court for the State of Telangana 
in Writ Appeal Nos.1265 of 2024, 1277 of 2024, 1267 of 2024, 1266 
of 2024, the appellants respectively are before this Court.
3.	
The appellants assailed the validity of the action of the police 
authorities in taking away the custody of the minor children from them 
as they claim to be the “adoptive parents” on the premise that it is 
without authority of law. The details of the cases as narrated by the 
Division Bench of the High C
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