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Case Details:-

Bronson Barthol Dias v. Central Adoption Resource Authority, Writ Petition No. 3506 of 2025, decided on 7-4-2025

Bombay High Court: In a case wherein, the petitioners having two biological children suffering from disabilities, wanted to adopt a third normal child, but their application was rejected, the Division Bench of G.S. Kulkarni and Advait M. Sethna, JJ. opined that in complex and emotional mindset, the parents of the children with disabilities naturally would have an intense dedication, desire, and happiness to receive a normal child in adoption to balance their life and to have an experience to raise a normal child, which they were missing. The Court opined that it could never be the intention of the statutory mandate that a couple which already had disabled children could be barred from adopting a normal child. The Court thus directed the respondents to reconsider the petitioners’ application in accordance with law and by applying the power of relaxation under Regulation 63 of the Adoption Regulations, 2022 (‘the 2022 Regulations’).

The Court thus opined that there was nothing wrong if they were looking for a new hope and optimism with their ability of receiving an additional member in their family and by doing so achieve a mutual fulfillment to make life more meaningful towards fulfillment of the dream they cherish. The Court opined that the petition would be required to be allowed by setting aside the impugned communication and directing the respondents to reconsider the petitioners’ application in accordance with law and by applying the power of relaxation under Regulation 63. The Court thus quashed and set aside the impugned communication rejecting the petitioners’ application for adopting a third child and held that the petitioners’ application was restored to file of the respondent, which should be decided after granting an opportunity of hearing to the petitioners.

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Advocate Devashish Maharishi | Best divorce case lawyer in karkardooma Court Delhi