Supreme Court Grants Interim Stay On HC's Direction To Adoptive Parents To Handover Custody Of Child To Biological Father

The Supreme Court while dealing with an appeal filed by the adoptive parents has granted an interim stay of the order passed by the Orissa High Court directing the appellants to hand over the custody of a girl child to her biological father.

A Vacation Bench comprising Justice B.V. Nagarathna and Justice Manoj Misra directed, “There shall be an interim stay of the direction of the High Court directing the petitioners herein to handover custody of the minor child, namely Ms. Dania Aman Khan (alias Sumaiya Khanam) to respondent No.2 until further orders.”

Advocates Shahrukh Alam and Akriti Chaubey appeared on behalf of the appellants while Advocates Sagarika Sahoo, Anam Charan Panda, and Hitendra Nath Rath appeared on behalf of the respondents.

In this case, the appellants had filed an appeal before the Apex Court who were the adoptive parents of a girl child aged 12 years old. They were challenging the order passed by the Orissa High Court directing them to hand over the said child to her biological father.

Earlier, the father had moved the High Court seeking custody of the child by filing a plea of habeas corpus under the 'parens patriae (parent of the nation) jurisdiction' which is usually invoked by courts if the rights of minors, and differently-abled persons are denied or infringed.

The Supreme Court in the above context of the case observed, “Issue notice, returnable on 28.07.2023. … Mr. Hitendra Nath Rath, learned counsel accepts notice on behalf of the respondent No.2/Caveator.”

Accordingly, the Apex Court granted an interim stay of the order of the High Court.

Cause Title- Shazia Aman Khan & Anr. v. State of Orissa & Ors.

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