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A bench of Justice P. N. Prakash and Justice R. Hemlatha of the Madras High Court in a recent decision have granted custody of a child to adoptive parents while ordering for a DNA test of the child. The Court was hearing a habeas corpus petition filed by the adoptive parents, who were rejected custody of the child after an enquiry.

The factual matrix of the case was that one Anil Kumar Majhi, alleged biological father and Rajini Kumari, the mother, had given their child for adoption due to their inability to bring up the child. They gave the child in adoption to one Sundarraj - Mohanapriya couple, since then, the child was brought up by the Sundarraj - Mohanapriya couple.

Subsequently, the Sundarraj - Mohanapriya couple filed a suit against Anil Kumar Majhi - Rajini Kumari, for a declaration that the child Riya Kumari @ Devamitraa was validly given in adoption to them.

The Probation Officer of Social Defence Department, conducted an enquiry with regard to the adoption and gave a report to the District Collector, Erode that Sundarraj - Mohanapriya have not properly taken the child in adoption and based on this report, the District Collector, Erode, passed an order directing the child to be removed from the custody of Sundarraj - Mohanapriya.

The child was then ordered to be kept in a Special Adoption Agency. Pursuing the custody of the child, Sundarraj - Mohanapriya filed a habeas corpus petition.

The Court whilst handing over the custody to the adoptive parents held that:

“...just because they had not done proper documentation, that, by itself, cannot be a reason, to take away the custody of the baby and lodge it in the Specialised Adoption Agency.”

The Court further held that in absence of proper documentation it may not be proper to arrive at the conclusion that the child was born to Anil Kumar Majhi - Rajini Kumari and that therefore, a DNA test would settle the issue, once and for all.

The order is set for December 22. 

Cause Title: S. Mohanapriya vs The Chairperson / Member, Child Welfare Committee