The Calcutta High Court has ordered the return of a three-year-old child to the couple who had been caring for him since birth, ruling that the Child Welfare Committee (CWC) lacked legal authority to take the child into its custody.
The case arose after concerns were raised regarding irregularities in the child's adoption process. Acting on these concerns, the CWC intervened and removed the child from the custody of the couple who had raised him since infancy. The couple subsequently approached the High Court seeking restoration of custody.
After examining the facts and applicable legal provisions, the High Court observed that the child was neither orphaned nor abandoned and that the CWC had failed to establish any legal basis for taking custody. The Court emphasized that the welfare and best interests of the child must remain the primary consideration in such matters.
The Bench noted that the child had spent his entire life with the couple and that an abrupt separation could adversely affect his emotional and psychological well-being. While acknowledging that statutory adoption procedures had not been fully complied with, the Court held that procedural irregularities alone could not justify the removal of the child in the absence of lawful grounds.
Accordingly, the Court directed the CWC to immediately restore custody of the child to the couple. At the same time, it instructed them to approach the competent legal forum to regularize and establish their status as adoptive parents in accordance with applicable law.
The judgment underscores the judiciary's focus on balancing compliance with adoption regulations and the paramount consideration of child welfare. The ruling may serve as an important precedent in cases involving custody disputes arising from adoption-related procedural lapses.