Telangana High Court

Telangana High Court: Child Custody Returned to Mother After Alleged Sale

Updated
Nov 11, 2025 4:39 PM
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Quick Summary: A mother, Indrakanti Swapna, wins back custody of her child, Asrith, after being accused of selling him. Justice T. Madhavi Devi orders the child welfare authorities to return the child to her.

The Accusation: Alleged Child Sale

Indrakanti Swapna and her husband were accused of selling their child, Asrith. This serious accusation led to a legal case, Crime No.51 of 2025, where Swapna was listed as the second person accused. The authorities took custody of Asrith, placing him at Shishu Vihar in Nalgonda.

"Indrakanti Swapna and her husband had sold the child and the said incident was investigated..."

The Legal Battle: Petition for Custody

Swapna filed a request, Writ Petition No.33448 of 2025, seeking to regain custody of her son. She argued that as the biological mother, she should have custody. Her request had been pending since May 2025, with no action from the authorities.

"Indrakanti Swapna has made a representation dated 26.09.2025 to Chairman, Children Welfare Committee seeking custody of the child..."

The Judgment: A Mother’s Right

Justice T. Madhavi Devi ruled in favor of Swapna, emphasizing the importance of a child being with their biological parent, provided they are willing and able to care for them. The court directed the child welfare authorities to return Asrith to Swapna immediately.

"If the natural parent is ready and willing to take care of the child, it is in his best interest that the mother is given the custody..."

Conditions and Closure: Assurance Required

Swapna must promise to ensure she will look after Asrith properly and not give him away again. With this decision, the court closed the case, with no additional costs ordered.

"Indrakanti Swapna shall give an undertaking that she will look after the child properly and will not part with the child."

In this case, the court focused on what was best for the child, deciding that he should be with his mother, Indrakanti Swapna, as long as she can care for him properly.