Justice Manisha Pitale of the Nagpur bench of the Bombay High Court held that adoption cannot be restricted to children who have been orphaned, abandoned or those in conflict with law. The Juvenile Justice Act permits adoption of children of relatives, she said.
The Nagpur bench of the Bombay High Court has held that as per the provisions of the Juvenile Justice (JJ) Act, adoption of children cannot be restricted only to orphaned, abandoned, surrendered children or those in conflict with the law, adding the law also permits adoption of children of relatives.
A single-judge bench of Justice Manisha Pitale was hearing a petition filed by the biological parents of a girl child from Wardha who wanted their daughter to be adopted by a family from Yavatmal in Maharashtra. The Yawatmal lower court had rejected their plea under the provisions of the JJ Act and Adoption Regulations framed under this Act.
The ground that the lower court had taken that since the child, in this case, is neither a child in conflict with the law, nor a child in need of care and protection, nor an orphan, nor a surrendered/abandoned child, the provisions of the JJ Act are not applicable.
Since there were no respondents in the case, Justice Pitale appointed Advocate FT Mirza as amicus curiae to assist the court for proper disposal. Advocate Mirza also supported the prayer made on behalf of the parents.