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The high court further observed that the comparison between a housewife and a working lady reflects the medieval conservative concept of family.
A single judge bench of the Bombay High Court at Aurangabad comprising Justice Gauri Godsi has recently held that a single parent cannot be held to be ineligible to be an adoptive parent on the ground that he/she is a working person.
The high court observed that a statute recognizes a single parent to be eligible as an adoptive parent.
“When the statute recognises a single parent to be eligible for being an adoptive parent, the approach of the Competent Court defeats the very object of the statute. Generally, a single parent is bound to be a working person, maybe with some rare exceptions. Thus, by no stretch of the imagination, a single parent can be held to be ineligible to be an adoptive parent on the ground that he/she is a working person,” the order read.
“The Competent Court has erroneously rejected the application by doing guesswork. The comparison done by the Competent Court between the biological mother being a housewife and the prospective adoptive mother (single parent) being a working lady reflects a mindset of the medieval conservative concepts of a family,” the order stated.
A Madhya Pradesh resident filed a civil revision application before the civil court seeking permission to adopt a minor child whose biological parents were in Jalgaon, Maharashtra. The woman claimed to have fulfilled all the requirements under the Juvenile Justice (Care and Protection of Children) Act and Adoption Regulations, 2022.
However, the civil court in Bhusawal rejected her application, citing that the biological mother was a housewife and would be better suited to care for the child, whereas the adoptive single mother was a working woman and would not be able to provide enough personal attention.
Justice Gauri Godse noted that the reasons given by the competent court were unfounded and baseless while allowing the revision application.
“Section 57 of the JJ Act provides the eligibility criteria of a prospective parent. Subsection (3) of Section 57 holds a single or divorced person eligible for taking a child in adoption. Sub-section (1) of Section 57 states that the prospective adoptive parent shall be physically fit, financially sound, mentally alert and highly motivated to adopt a child to provide a good upbringing to the child. Thus, the reason given by the Competent Court is not only contrary to the provisions of the JJ Act but is also contrary to the recommendation made by the District Child Welfare Officer and the Assistant Director of CARA. Even otherwise, the reason given by the Competent Court is unfounded and baseless,” the order read.
Case Title: ABC vs State of Maharashtra
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