Limitation Period For Specific Performance Starts From Date Of Refusal If No Fixed Date Stipulated In Agreement: Karnataka High Court Pensionary Benefits Not ‘Pecuniary Advantage’, Cannot Be Deducted From Income For Motor Accident Compensation: Punjab & Haryana High Court Propounder Faces Heavy Burden Of Proof When Testator Is Illiterate; Registration Does Not Cure Unexplained Suspicious Circumstances: Supreme Court Mother Killing Minor Children Over Husband's Refusal To Take Her To Workplace Is Murder, Not Culpable Homicide: Andhra Pradesh High Court Specific Performance Of Registered Agreement To Sell Is No Longer Discretionary Post-2018 Amendment: Allahabad High Court Civil Court Has Jurisdiction To Determine If Tenanted Property Belongs To Joint Family Even If Tenancy Order Stands In Individual Karta's Name: Bombay High Court Notice Under Section 107 BNSS Mandatory Before Attaching Property; Right To Property Is A Constitutional Right: Calcutta High Court Post-Cognizance Arrest 'Makes No Sense' If Investigation Completed Without Arrest: Delhi High Court Grants Bail Under BNSS Criminal Courts Cannot Be Used To Settle Civil Inheritance Disputes Over Appreciated Land Values: Gujarat High Court Quashes Fraud Case Accused Must Raise Probable Defence To Rebut Statutory Presumption Under Section 139 NI Act If Signatures Are Undisputed: Himachal Pradesh High Court Passing Departmental Exam Not A Pre-requisite For Grant Of ACP/MACP Benefits: Jharkhand High Court Convenience Of Family And Accused Paramount For Jail Shifting; Trial Court Can't Reject Application Merely For Non-Residency: J&K High Court Litigants Who Attempt To Pollute The Stream Of Justice With Tainted Hands Are Not Entitled To Any Relief: Karnataka High Court Trial Court Must Implement Modified Preliminary Decree In Full: Telangana High Court Directs Partition Of Property Omitted In Final Decree Proceedings If Grievance Is Real But Lies Before Different Forum, Plaint Should Be Returned Under Order VII Rule 10 CPC, Not Rejected: Rajasthan High Court Bail Cannot Be Denied Merely Due To Severity Of Economic Offence If Evidence Is Documentary: Punjab & Haryana High Court Non-Compliance With Mandatory Duty To Inform Grounds Of Arrest Under Section 47 BNSS Is Impermissible: Orissa High Court Grants Bail Land Acquisition Award Finality Under Section 12 Is A Bar To Writ Petitions Challenging 'Public Necessity': Madhya Pradesh High Court State As Eminent Domain Is Obligated To Pay Adequate Compensation, Not Minimum To Suit Its Convenience: Madras High Court Kerala High Court Grants Emergency Parole To Life Convict To Execute Sale Deed, Repay Bank Loan To Prevent Family's Eviction High Court Cannot Act As Court Of First Instance In Service Matters Amenable To CAT Jurisdiction: Delhi High Court Election Tribunal Has No Jurisdiction To Declare Caste Certificate Forged, Authority Vests Solely With Scrutiny Committee: Allahabad High Court Order IX Rule 7 CPC Requires 'Good Cause' Not 'Sufficient Cause'; Trial Court Can't Apply Higher Threshold To Pre-Decree Proceedings: Telangana High Court Victim Cannot Maintain Appeal Seeking Enhancement Of Sentence Under Section 372 CrPC; Such Power Exclusively With State: Rajasthan High Court Disability Pension: Presumption In Favour Of Personnel If Found Fit At Enrollment; Percentage Must Be Rounded Off: Punjab & Haryana HC Employee Entitled To Second Kramonnati Benefit If Promotion To Higher Post Does Not Result In Higher Pay Scale: Madhya Pradesh High Court Borrowers Can Be Granted Opportunity To Clear Loan Overdues In Installments To Prevent Coercive Action Under SARFAESI Act: Kerala High Court

Policy Ensures More Special Needs Children Get Adopted: Delhi High Court Upholds CARA’s Decision on Retrospective Application of Adoption Regulations, 2022

07 May 2024 8:19 AM

By: Admin


The High Court of Delhi today dismissed a batch of writ petitions challenging the retrospective application of the Adoption Regulations, 2022, pertaining to the eligibility of Prospective Adoptive Parents (PAPs) with two or more biological children. The court held that the Central Adoption Resource Authority’s (CARA) decision to apply the 2022 Regulations retroactively is valid and not arbitrary.

Legal Point of the Judgment: The core issue adjudicated was the validity of CARA’s decision to retrospectively apply Adoption Regulations, 2022, to pending adoption applications of registered PAPs, altering the eligibility criteria.

Facts and Issues: Petitioners, registered under CARA as PAPs under the 2017 Regulations, contended that the retrospective application of the 2022 Regulations, disqualifying them from adopting a ‘normal’ child due to having two biological children, was arbitrary and violated Article 14 of the Constitution. The 2022 Regulations only allow such couples to adopt special needs or hard-to-place children.

Court’s Assessment: Justice Subramonium Prasad, in his detailed judgment, held that the retrospective application of the 2022 Regulations does not amount to a retrospective enactment of subordinate legislation. It was clarified that registration as PAPs does not guarantee the right to adopt a specific category of children. The court observed, “The policy has been brought in only to ensure that more and more children with special needs get adopted.”

Further, the court distinguished the Petitioners’ reliance on various precedents, emphasizing that the rights of childless couples or those with one child in adopting normal children should be balanced against those of PAPs with two or more children. The judgment noted, “A balanced approach ought to be welcomed which attempts to reduce the wait for parents with a single child or devoid of even that, in anticipation of adoption.”

Decision: Dismissing the writ petitions, the court affirmed the procedural and retroactive nature of Regulation 5(7) of the 2022 Regulations. It held that no vested right to adopt a ‘normal’ child had accrued to the Petitioners at the pre-referral stage, thereby validating CARA’s decision.

Date of Decision: 16th February 2024

DEBARATI NANDEE VS MS. TRIPTI GURHA & ANR

Latest Legal News