Bombay HC stays transfer of adoption cases to district magistrates; asks single bench to continue hearing matters

Mumbai, Jan 12 (PTI) The Bombay High Court has ordered an interim stay on transfer of pending adoption matters to district magistrates and directed a single bench judge of the HC to continue with adjudication in such cases till the next date of hearing in the case.

A division bench of Justices Gautam Patel and S G Dige passed the order on Tuesday while hearing two petitions filed by couples challenging validity of the Juvenile Justice (Care and Protection of Children) Amendment Act 2021 by which the word ‘court’ was replaced with ‘district magistrate’.

The effect of this amendment would mean all adoption cases, including foreign adoption cases, would be placed for final approval order before the district magistrate instead of the high court. The HC also issued a notice to the Attorney General of India seeking the Union government’s response to the petitions.
The bench in its order noted that until now adoption cases were being handled by judges of the high court.

“It has not been shown to us that there has been any complaint about the handling of these cases. We have yet to see the justification for the amendment,” the court said in its order.

The HC said it has been handling such adoption cases for a very long period of time.

“Nothing is shown to us to indicate why for a limited period of time of about four weeks this should not be continued until we finally hear the challenge. No prejudice will be caused to any party if the existing system continues. On the contrary, the primary interest would be protected,” the bench said.

It also refused to accept the contention put forth by the government that there has been a delay in the disposal of adoption cases by HC.
“We are not impressed by the arguments of delays for disposals because at least in this high court, the adoptions jurisdiction is one in which there is no backlog at all. Adjournments are almost never requested or ordered, and disposals take place on a weekly basis,” the bench said.

It stayed effect of the letter written by the commissioner of Women and Child Development, Pune on September 30, 2022 to the Bombay HC Registrar for transfer of adoption matters to district magistrates.

The court also issued notice to the Attonery General of India seeking the Union government’s response to the petitions and posted the matter for further hearing on February 14. Until then, one single bench judge of the HC shall hear all such adoption cases, the court said.