DASARI RUTHAMMA Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This writ petition has been filed by the petitioners seeking a Writ of Mandamus declaring the action of the respondent No.2 in taking forcible custody of the child, as illegal, arbitrary, contrary to law and to restore custody of the child by name Dasari Shalem Raju, the biological child of the respondent Nos.5 and 6, to the adopted parents i.e., the petitioners herein in the interest of justice and to pass such other order or orders.

(2.) Brief facts leading to the filing of the present writ petition are that respondents No.5 and 6 are admittedly the natural parents of a baby boy who was born on 1/5/2019 and it is alleged that they had sold the said baby boy when he was five days old to a couple but the child was rescued from them and after counseling, the child was handed over to the biological parents. It is alleged that subsequently the parents have sold the baby boy again to another couple and when they enquired from them, they were not able to locate the child and therefore, they have given a police complaint to enquire about the whereabouts of the child and during the police investigation, it was found that the child is in the custody of the petitioners. Thereafter, respondents No.1 to 3 have taken custody of the child and have put the child in the custody of respondent No.4. Challenging the action of the respondents in taking away the child from their possession and keeping the child under the custody of respondent No.4, the present Writ Petition has been filed.

(3.) Learned counsel appearing for the petitioners, Ms. Indira, submitted that the petitioners being aged 52 and 61 years respectively are a married couple and since they did not have children of their own, they have taken the male child born to respondents No.5 and 6 in adoption and have been taking care of him for the past three years. She submitted that the child was in an under-nourished condition at the time of adoption and he has attained health only due to the personal care and attention of the petitioners. It is submitted that both the petitioners are physically and financially in good condition to take care of the child and prayed for the custody of the child.