Adoption of Child--Age Of Child For Adoption Under HAMA Determined As On Date Of Filing, Not Date Of Disposal
Under Section 10(iv) of the Hindu Adoption and Maintenance Act, 1956, the age of the child for determining adoptability must be reckoned as of the date of filing of the adoption application, not the date of disposal. A prospective adoptive parent cannot be penalised for delay attributable to the judicial process itself. Allowing the statutory age bar to operate against a petitioner who filed within time would violate principles of natural justice and the right to life under Article 21. Adoption laws must be construed in harmony with child welfare principles.
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