IMPORTANT POINT
Adoption requires biological parent's consent and cannot proceed if custody rights are under litigation, as per the Juvenile Justice Act and Adoption Regulations.

JUDGMENT :

1. The petitioners' case, in brief, is as follows:

(i) The first petitioner was married to the fifth respondent and a son was born in their wedlock on 13.3.2007. Their relationship got strained, which led to litigations. Eventually, by Ext.P1 judgment passed by this Court, the marriage between the petitioner and the fifth respondent was dissolved on mutual consent, and all the cases between them were dismissed. As per the terms of the compromise, the permanent custody of the child was given to the first petitioner, and interim custody of the child was given to the fifth respondent.

(ii) Later, disputes again arose between the parties regarding the child's custody, which was settled by Ext.P6 judgment passed by the Hon’ble Supreme Court.

(iii) Since February 2016, the fifth respondent has not attempted to visit or contact the child. He registered himself on a Kerala Matrimony site, stating that he has no children from his previous marriage, virtually disowning his child. While exercising the visitorial right over the child, the fifth respondent picked up a quarrel with the first petitioner, and a crime was registered. The fifth respondent, his mother and his brother have filed an application before this Court to quash the criminal proceedings, which is still pending consideration.

(iv) The first petitioner has got married to the second petitioner. The child shares a close bond with the second petitioner. Accordingly, the petitioners registered their names with the Central Resource Adoption Agency and the State Adoption Resource Agency, the respondents 1 and 2, for step-parent adoption of the child. They also applied to the Child Welfare Committee ? the third respondent ? seeking consent for the step-parent adoption. The second respondent had issued notice to the fifth respondent for his consent, but he objected to the adoption. Then, the first respondent suggested that the petitioners to get the right of the fifth respondent to visit the child revoked by the Family Court. The petitioners submitted a detailed explanation to the first respondent to relax the adoption regulations. The child has also submitted a letter to the third respondent, expressing his full consent for the adoption. However, by Ext.P16 order, the third respondent has declined the second petitioner’s request for adoption due to the objection raised by the fifth respondent.

(v) The fifth respondent is involved in a fraud and forgery case in the United Kingdom. He is also an accused in a crime registered by the Palakkad Police Station. Even though he attempted to get the proceedings quashed by this Court, the application was dismissed. He has now appealed to the Hon’ble Supreme Court.

(vi) The fifth respondent has neglected the welfare of the child. Given the fifth respondent's criminal background, it is unsafe to leave the child in his custody. This is a fit case for the first respondent to invoke Regulation 63 and relax the procedure under the Adoption Regulations, 2022 (‘Regulations’ for short). Hence, Ext.P16 order may be quashed, and the adoption regulations may be relaxed.

2. The fifth respondent has filed a counter affidavit, contending as follows:

(i) The second petitioner is a Christian, and the child is a Hindu; therefore, the child cannot be placed for adoption under the Hindu Adoption and Maintenance Act. Similarly, under Section 56 (2) of the Juvenile Justice (Care and Protection of Children) Act, 2015 ('Act', for short), an adoption is permissible only between relatives. As the second petitioner is not a relative of the child, the adoption under the Act is also not permissible. As per Regulation 55(2), the consent of the fifth respondent is mandatory and cannot be relaxed.

(ii) As per the compromise conditions recorded in Ext.P1 judgment, the interim custody of the child is given to the fifth respondent. The first petitioner had made an oral undertaking befor