Case Note & Summary
The case involves a Civil Revision Application filed under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act) by three applicants: Miss Shabnamjahan D/o. Moinuddin Ansari (prospective adoptive parent), Mr. Shaikh Salim Maimuddin, and Mrs. Kaiserjahan w/o. Shaikh Salim. The applicants challenged the order dated 8th March 2022 passed by the learned District Judge-1 at Bhusawal in Civil Miscellaneous Application No. 24 of 2020, which rejected their application for adoption of a minor child, Aayat Fatima, born on 15th November 2019. The application was filed under Section 56(2) of the JJ Act read with Rules 51 and 55 of the Adoption Regulations, 2017. The applicants sought adoption of the child and declaration of Applicant No. 1 as a parent, along with directions to the Municipal Council to modify the child's birth certificate under Rule 36 of the Regulations. The District Judge rejected the application on the ground that the prospective adoptive parent is a single lady. The High Court examined the provisions of the JJ Act and the Adoption Regulations, noting that a single woman is eligible to adopt a child. The court found that the District Judge's reasoning was erroneous and contrary to law. The court set aside the impugned order and allowed the Civil Revision Application, directing the District Judge to pass appropriate orders for adoption and modification of the birth certificate in accordance with law.
Headnote
A) Juvenile Justice - Adoption - Eligibility of Single Woman - Section 56(2) of Juvenile Justice (Care and Protection of Children) Act, 2015 read with Rules 51 and 55 of Adoption Regulations, 2017 - The District Judge rejected the adoption application on the erroneous ground that the prospective adoptive parent is a single lady. The High Court held that a single woman is eligible to adopt a child under the JJ Act and the Adoption Regulations, and that the rejection was contrary to law. The court set aside the impugned order and allowed the adoption. (Paras 1-14) B) Adoption Regulations - Applicability - Adoption Regulations, 2017 superseded by Adoption Regulations, 2022 - The court noted that the Adoption Regulations, 2017 were superseded by the Adoption Regulations, 2022 from 23rd September 2022, but the application was filed under the 2017 Regulations. The court considered the provisions of the 2017 Regulations as applicable. (Para 2) C) Best Interest of Child - Adoption - Single Woman - The court emphasized that the best interest of the child is paramount and that a single woman can provide a suitable family environment. The court directed the District Judge to pass appropriate orders for adoption and modification of the birth certificate. (Paras 13-14)
Issue of Consideration
Whether a single woman is eligible to adopt a child under the Juvenile Justice (Care and Protection of Children) Act, 2015 and the Adoption Regulations, 2017, and whether the District Judge erred in rejecting the adoption application solely on the ground that the prospective adoptive parent is a single lady.
Final Decision
The Civil Revision Application is allowed. The impugned order dated 8th March 2022 passed by the learned District Judge-1, Bhusawal in Civil Miscellaneous Application No. 24 of 2020 is set aside. The matter is remitted back to the District Judge to pass appropriate orders for adoption and modification of the birth certificate in accordance with law, considering the eligibility of the single woman as per the JJ Act and Adoption Regulations.
Law Points
- Single woman eligible to adopt under JJ Act
- Adoption Regulations 2017
- Section 56(2) JJ Act
- Rule 51 and 55 of Adoption Regulations 2017
- Best interest of child
- No requirement of marriage for single female adoptive parent
