The Calcutta High Court has allowed a teenager to remain with her adoptive parents until she completes her ICSE examinations, scheduled from February 18 to March 27, 2025. This decision follows the child’s statement expressing her desire to stay with the adoptive parents, with whom she has lived since she was six months old.
The teenager is currently in a shelter home as a legal dispute continues between her biological and adoptive parents regarding her custody. Her biological father claims that the adoption occurred without his consent, contrary to the provisions of the Juvenile Justice Act, which requires the agreement of both parents. The adoptive parents, concerned about the impact of the shelter home environment on the child’s exam preparations, filed an application in court requesting her release.
Court’s Interim Order
Justice Tirthankar Ghosh, presiding over the case, sought the teenager’s opinion regarding her preferred living arrangement. After a female police officer recorded the child’s statement, the court was informed that she wished to stay with her adoptive parents. Considering the upcoming ICSE examinations, both the biological father and adoptive parents agreed to the interim custody arrangement.
The High Court directed the child’s release into the adoptive parents’ care on a personal bond. However, Justice Ghosh clarified that the ongoing criminal investigation filed by the biological father would proceed without interference from the court at this stage.
Dispute Background
The biological father alleges that the adoption was carried out by the biological mother without his knowledge or consent. He contends that he was unaware of the child’s whereabouts for years and expressed concerns about her well-being. The biological father, who was in a rehabilitation center during the adoption process, has approached the court seeking justice under the Juvenile Justice Act.
Justice Ghosh directed the parties to seek further remedies in the civil court while allowing the investigation to continue.
Implications
This case highlights the complexities surrounding adoption laws in India, particularly the legal and emotional aspects of custody disputes. The High Court’s decision ensures that the teenager’s educational interests are prioritized while the legal proceedings are underway.
