Citing the child’s best interest, the Bombay High Court invalidated an adoption order in the Indian Adoption Petition of 2023, marking a significant legal breakthrough. Delivered by Justice R.I. Chagla on January 25, 2024, the court order emphasizes the court’s commitment to ensuring the welfare of adopted children and establishes a precedent for situations concerning adoption.
Bal Asha Trust, Mumbai, was the petitioner in the case, and respondent Ashu and Riddhi Singhal, two potential adoptive parents, were the respondents in the action against Bal Asha Trust, Mumbai, the petitioner. In its ruling, the court emphasized the difficulties that the adoptive parents would thereafter experience as well as the intricacies surrounding the adoption.
In its ruling, the court recognized the first adoption, which had been approved on August 17, 2023, as a result of a joint petition submitted by the adoptive parents and the Specialized Adoption Agency. It was disclosed, meanwhile, that the adoptive parents voiced worries regarding the child’s “uncontrollable bad behavior and habits” five months following the adoption.
The Petitioner Institution suggested that the adoptive parents attend counseling sessions in order to address their worries. Significant problems were discovered during the ensuing therapy sessions, including the child’s overeating habits and medical conditions including borderline leptin and diabetes.
On December 2, 2023, the adoptive parents signed an affidavit stating that they wanted to “return the child” since they had not developed a link with him or her. This affidavit was very important to the court’s ruling.
Judge R.I. Chagla declared, “I am of the considered view that 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 in the said Affidavit are granted,” following careful consideration of the reports and affidavits.
CASE NAME – Bal Asha Trust, Mumbai Vs Ashu Singhal & Riddhi Singhal
NAME – KARUBAKI MOHANTY, B.A.LLB (HONS), SOA NATIONAL INSTITUTE OF LAW, BHUBANESWAR, INTERN UNDER LEGAL VIDHIYA.
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