Hon’ble Supreme Court Held that While Handing Over the Custody of the Children, the Best Interest of the Children should be looked upon.
Name of the Case: DASARI ANIL KUMAR & ANR vs. THE CHILD WELFARE PROJECT DIRECTOR & OTHERS
Citation: 2025 INSC
Hon’ble Bench: JUSTICE B.V. NAGARATHNA AND K.V. VISWANATHAN
Date: 12.08.2025
The Hon’ble Supreme Court held that handing over the custody of children must be primarily guided by the Principle of Best Interest of the Child, followed by the Principle of family responsibility. Furthermore, the Principles of Institutionalization as a measure of last resort and the Principles of Repatriation and Restoration should be considered. These principles are also enunciated as general principles in Section 3 of the Juvenile Justice (Care and Protection of Children) Act, 2015.
In this case, the Hon’ble Supreme Court directed that custody of the children must be restored to the “adoptive parents,” who had approached the Hon’ble Court, after the Division Bench of the Hon’ble High Court of Telangana had set aside the learned Single Judge’s order, citing non-compliance with Sections 36, 37, and 38 of the Juvenile Justice (Care and Protection of Children) Act, 2015. The Hon’ble Supreme Court invoked Article 142 of the Constitution of India to ensure complete justice in the “peculiar facts” of this case, and taking note of the established bonds and best interests of the children, the Hon’ble Supreme Court decided in favor of the “adoptive parents,” while also placing safeguards to monitor the future welfare of the children.
