Bombay High Court Annuls Adoption of Minor Child After Affidavit From Adoptive Parents Stating Failure To Bond With Him
The Bombay High Court annulled the adoption of a male child after an affidavit from the adoptive parents stating failure to bond with the child.
The Court allowed the Petition of Bal Asha Trust seeking to quash the adoption and re-registration of the child by the Central Adoption Resource Authority (CARA).
The Bench of Justice R. I. Chagla observed, “it would be in the interest of the said male minor child that the adoption order dated 17th August 2023 is annulled and consequential reliefs sought for in the said Affidavit are granted”.
Advocate Rakesh Kapoor appeared for the Petitioner.
The application, submitted through an affidavit dated December 19, 2023, seeks the annulment of an adoption order issued by the Court on August 17, 2023. The petitioner, Bal Asha Trust, requested directions for the re-registration of the child, X as 'Free for Adoption' by the Central Adoption Resource Authority (CARA). The affidavit highlights concerns about the adoptive parents' inability to handle the child's behaviour and habits, leading to the petitioner advising counselling sessions. Subsequently, the adoptive parents expressed their desire to return the child, leading to the petitioner seeking an annulment for the child's best interest and exploring a new adoptive home through CARA.
The Court, after reviewing the affidavit and the report by O. Hareendran (Scrutiny Officer, Indian Council of Social Welfare) decided in favour of the best interests of the male minor child. The Court annulled the adoption order, recalling the approval granted in Indian Adoption Petition No.20 of 2023. The Central Adoption Resource Authority (CARA) is instructed to promptly re-register the child as 'Free for Adoption'.
Additionally, the Rs. 2,00,000 investment for the child's benefit will be returned to the prospective adoptive parents. The adoptive parents are directed to return all original documents related to the child to the Petitioner Institution. This order applies to the disposed Indian Adoption Petition No.20 of 2023, and the parties are to act accordingly based on an authenticated copy of the order.
Accordingly, the Court allowed the Petition
Cause Title: Bal Asha Trust v Ashu Singhal (2024:BHC-OS:1809)
