Jurisdictional Limits of Child Welfare Committees Over Non-Abandoned Children in Private Adoptions
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Case: MANISHA SANJAY CHENNURWAR, v. CHILD WELFARE COMMITTEE, THR ITS SECRETARY
Court: Bombay High Court
Date: 29-06-2026
Law: Juvenile Justice (Care and Protection of Children) Act, Hindu Adoptions and Maintenance Act, Constitution of India, Guardians and Wards Act.
Highlights of the Judgment:
- Examination of the maintainability of a Writ of Habeas Corpus in child custody matters using precedents.
- Interpretation of Section 2(14) of the Juvenile Justice Act, 2015 regarding "children in need of care and protection".
- Analysis of the Child Welfare Committee's jurisdictional limits over children not classified as "abandoned" or "orphans".
- Legal status of notarized versus registered adoption deeds under the Hindu Adoptions and Maintenance Act, 1956.
- Application of the "welfare of the child" principle as the paramount consideration in custodial disputes.
- Judicial review of the Child Welfare Committee's authority to remove children from adoptive parents without justification.