- (1.) The petitioners have filed this revision petition under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000, for short 'the Act', aggrieved by an order dated August 31, 2010, passed by Civil Judge, (Senior Division), Jalandhar, vide which a petition under Section 41 (6) (c) of the Act for adoption of a minor male child under the custody of respondent Nari Niketan Trust, has been rejected, on the ground that the petitioners have already adopted a male child named, Anmol Mittal on May 26, 2010 from Nari Niketan Trust, (Regd.) Jalandhar vide adoption deed dated May 26, 2010, cannot be permitted to adopt second son in view of provisions of Section 11 of the Hindu Adoption and Maintenance Act, 1956, for short 'the 1956 Act'. The short question which is required to be answered in the present revision petition is, whether Section 41 (6) (c) of the Act would not permit the adoption of a second child of the same sex by a Hindu in view of statutory bar under Section 11(i) of the 1956 Act.
(2.) It is not disputed that the petitioners are Hindu by religion and they have already adopted a male child Anmol Mittal on May 26, 2010 from Nari Niketan Trust Regd., Nakodar Road, Jalandhar vide adoption deed executed on May 26, 2010. A copy of the said adoption deed has been placed on record as annexure P-1.
(3.) The petitioners claimed that they are basically fit and financially capable enough to undertake the responsibility of adopting the second child as such they had filed an application, annexure P-2 under Section 41 (6) (c) of the Act for adoption of the minor male child Vishav, now named as Ujjawal Mittal, an abandoned child who is under care and custody of respondent Nari Niketan Trust (Regd.), Nakodar Road, Jalandhar.;