• Can I file a PIL against CARA decision to let me adopt a child when my divorce is subjudice.

Dear Madam/Sir,
I am 42 years old man living in Mumbai. I have two sons aged 11 and 7. I have filed for divorce with my legal spouse few months ago on grounds of cruelty and also have filed for custody of kids. she is likely to contest the same (so far one hearing date has passed in which she chose to remain absent). We are all presently living in the same house (allotted to me by my office). My legal spouse is non-working.

I recently applied for adoption of an orphaned child with CARA. However they have told that as per existing laws I cannot apply for adoption till my divorce matter is finalized by the court.

Can I approach Bombay High Court against the decision by CARA as the time taken for outcome of divorce case is not in my control and there is also age restriction as far as adoption of infants is concerned (which I believe is permitted up to 45 years of age). Please advise..
Asked 4 years ago in Family Law
Religion: Hindu

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12 Answers

1. Since your marital status is still married , without the consent of your wife you can not legally adopt a child.

2. So there is no illegality in the refusal of CARA.

3. Challenging the decision of CARA before the high court would be a futile exercise under the present circumstances.

4. So first get your marriage dissolved or get consent of your wife for adoption . In absence of any of these 2 conditions no valid adoption can be done.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

contested divorce cases take 5 years to be disposed of

2) you can opt for divorce by mutual consent

3) after divorce you can adopt the child through CARA

4) you can file writ in HC to challenge guidelines that prohibit you from adopting another child pending divorce

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

legal fees vary depending upon lawyer engaged by you

you have to file writ in HC in this regard

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

These rules for adoption are made as per the extraordinary notification of Central Government dated 4th Jan 2017 and this can not be challenged on the eligibility criterion as you are not single till you get divorce.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Hello,

If the order has been passed against the guidelines of CARA then you may challenge the same before the HC under article 226 and the same will not be filed as a PIL but as a writ of certiorari.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1) you can adopt the child till the age of 55 years below is the age range of child

Age of the child ========== Maximum age of single prospective adoptive parent

Upto 4 years =============== 45 years

Above 4 and upto 8 years ===== 50 years

Above 8 and upto 18 years ===== 55 years

2) In meantime you can get the divorce from your wife as early as possible.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Dear,

You already have 2 child,then why you want to adopt orphan child. I think on this

issue court can't accept your appeal and dismissed your writ in first hearing.

So don't go any ware and waist your money.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

Yes you can definitely approach the Bombay High Court by preferring a Writ Petition in the form of a PIL

If there is no scope of any reconciliation of marital ties with your wife whom you wish to divorce, then you should not be required to wait till the final outcome of your divorce case

You will need a written order from CARA refusing your request

Alternately you can also file an application to the Family Court seeking directions to your wife to give her NOC for adopting the child

Yusuf Rampurawala
Advocate, Mumbai
6881 Answers
79 Consultations

5.0 on 5.0

Can I approach Bombay High Court against the decision by CARA as the time taken for outcome of divorce case is not in my control and there is also age restriction as far as adoption of infants is concerned (which I believe is permitted up to 45 years of age). Please advise.

A. You can approach High decision of CARA but chances of success are bleak as they have rejected your application as per the law.

Alternatively, you can challenge the said notification dated 4th Jan 2017 issued by the central government by way of writ in Public Interest Litigation in High Court or Supreme Court under Article 226 and 32 respectively.

Regards.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

Yes you can file and show the court that you don't have any effective remedy then the present writ petition

Prashant Nayak
Advocate, Mumbai
27261 Answers
88 Consultations

4.4 on 5.0

If CARA has stated that as per law until divorce i finalised you cannot adopt, then you may ask them to specify the law they refer here.

Divorce has nothing to do with the adoption and there is no binding effect on it.

You may file a mandatory injunction suit against CARA restraining it from indulging in such false activities (provided you have confirmed that this is a false news) and allow you to adopt the child as pr law.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

What will be the process to oppose the decision by CARA and how much will it cost ?

You may file a suit as suggested , the cost and the court fee will be let known by the advocate concerned.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

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