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Telangana HC Rejects Couple’s Custody Plea, Rules Adoption Illegal Under CARA

The court directed that the child stay in state care pending any lawful placement through CARA.

Overview

  • Justice T. Madhavi Devi dismissed the writ petition seeking the return of a two-year-old girl to the petitioners.
  • The child will remain in a child protection centre until authorities process any adoption through CARA.
  • The court held that customary rituals such as Datha Homum do not constitute a valid adoption without compliance with Juvenile Justice and CARA procedures.
  • Police named the couple as accused in a trafficking case after alleging the infant was procured through intermediary Nakka Yadagiri for Rs 6 lakh.
  • Citing that the Supreme Court’s Dasari Anil Kumar order is not a precedent, the court declined out-of-turn consideration of the couple’s pending CARA application.