The Bombay High Court passed a order on 11 april, 2023.This was seen in the case of Shabnamjahan Moinuddin Ansari vs State of Maharashtra 127 OF 2022 and the case was presided over by Hon’ble Justice GAURI GODSE.
FACTS OF THE CASE:
In this case a divorced woman was disallowed from adopt a child on the ground that she was a “working lady” and thus won’t be able to give proper care and attention to the adoptive child.
ORDER BY COURT:
“Thus, the reason given by the civil 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 civil court is unfounded and baseless,” Justice Godse opined. Further said that there was nothing adverse against the adoptive single parent and in fact she had complied with the mandatory norms and even the report of the District Child Welfare Officer held her to be a fit parent for adopting the child. “The impugned order does not record anything adverse regarding the statutory compliances. The application is rejected only on one ground of the adoptive parent being a working lady. The reason recorded by the civil court is unfounded, illegal, perverse, unjust and unacceptable,” the Court held.
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JUDGEMENT REVIEWED BY ARCHLA.
Shabnamjahan_Moinuddin_Ansari_v__State_of_Maharashtra
