- Case
- Mark DSouza v. Rebecca Marlene DSouza (Bombay High Court, 27-03-2025)
- Law
- Guardians and Wards Act.
Facts: The Petitioners, an elderly couple married for 42 years, sought an order declaring them as the adoptive parents of a woman who was born on an unspecified date, is no longer a minor, and is now married. The first Petitioner was appointed as her guardian in 1992. The woman was previously an inmate of Bal Anand, a children's welfare trust. The Petitioners have cared for her since she was a minor, and she continues to live with them even after attaining majority.
Procedural Posture: This is an Indian Adoption Petition before the High Court of Judicature at Bombay, seeking a Judge's Order to declare the Petitioners as adoptive parents.
Issue: Can an adoption order be granted in favor of Christian petitioners for a woman who has attained majority and is married, considering the absence of codified law for Christians on adoption, and given the existing guardianship order?
Holding: Yes, the Court allowed the petition, declaring the Petitioners as the adoptive parents. The Court also granted leave to the Petitioners to apply to the Municipal Authorities for a birth certificate showing the Petitioners as the parents of the adopted woman.
Reasoning: The Court relied on previous decisions, specifically the case of Manuel Theodore D'Souza and Mrs. Lourdes D'Souza, which established that in the absence of specific legislation, individuals who have taken a child into guardianship under the Guardians and Wards Act have the right to petition for adoption. The Court emphasized the fundamental right to life, which includes the right to be adopted, have a home, a name, and a nationality. The Court also considered the welfare of the woman, the positive change in the lives of the Petitioners, and the social respectability that adoption would provide, even though she is now an adult and married. The Court noted that the marital status of the daughter does not alter her relationship with her parents and should not impede the adoption.
