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Bombay HC: CWC Cannot Custody Child Who Is Neither Orphan Nor Abandoned

India Legal Live
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Summary

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  • The Bombay High Court has ruled that a Child Welfare Committee (CWC) cannot take custody of a child who is neither orphaned nor abandoned.
  • This decision came while setting aside a May 25, 2026 order from the CWC, which had returned the child to biological parents despite claims of adoption by the petitioners.
  • The Court found that the adoption deed was not registered and merely notarized, failing to meet legal requirements under the Juvenile Justice (Care and Protection of Children) Act, 2015.
  • The ruling clarifies that CWC's jurisdiction is limited to children in need of care and protection, impacting future custody cases involving similar circumstances.

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