Court Orders CWC Inquiry and Expedites Adoption Process for Child in Petitioners' Custody for a Decade
In a significant ruling, the Karnataka High Court has emphasized the paramount importance of a child's welfare in adoption matters. The court, presided over by Justice D.K. Singh, delivered its judgment in the case of Sri. Naveen M Torgal and others versus the Child Welfare Committee (CWC), directing the CWC to expedite its inquiry into the welfare and interest of a child in the petitioners' custody for nearly ten years. The court further instructed the Central Adoption Resource Authority to process the petitioners' adoption application swiftly post-inquiry.
The case revolves around a child found abandoned at the Gavi Siddheshwara Swami Mutt in 2016, who was subsequently taken into the care of the petitioners, a couple in their early fifties. The petitioners, who have faced personal tragedies with the loss of their biological children, have been raising the child as their own, providing him with love, care, and education.
The CWC had raised concerns about the legality of the child's custody, issuing a notice and paper publication in 2020. Despite this, no claims from the child's biological parents were made. The petitioners sought the court's intervention after the CWC failed to return the child to their custody following its initial inquiry.
The High Court, in its oral order, underscored the necessity of prioritizing the child's welfare, allowing the child to remain with the petitioners during the CWC's inquiry. The court acknowledged the procedural oversight by the petitioners but highlighted the consistent care they have provided to the child.
Justice Singh mandated the production of the child before the CWC on March 10, 2026, to proceed with the inquiry under Rule 19 of the Juvenile Justice (Care and Protection of Children) Model Rules, 2016. The court directed that if the petitioners are deemed eligible, the adoption process should be finalized promptly.
This judgment reinforces the legal framework ensuring children's welfare and expedites legal processes to secure their future, setting a precedent for similar cases.
Bottom Line:
Adoption and child welfare - Welfare and care of the child should be the paramount interest - Child who has been in custody, care, and protection of petitioners for almost ten years cannot be removed from them abruptly - Central Adoption Resource Authority directed to expedite the adoption process post CWC's inquiry.
Statutory provision(s): Juvenile Justice (Care and Protection of Children) Model Rules, 2016 (Rules 18 and 19)
Sri. Naveen M Torgal v. Child Welfare Committee, (Karnataka) : Law Finder Doc id # 2856582
