The Juvenile Justice Act allows adoption of orphaned children irrespective of the adoptive parents' existing children, and its provisions prevail over conflicting provisions of other acts.

DARSHAN SINGH, J.

Present revision petition has been preferred against the order dated 16.01.2014, passed by learned Civil Judge (Senior Division)- cum-Additional Chief Judicial Magistrate-cum-Guardian Judge, Jalandhar and the order dated 24.12.2015, passed by learned Additional District Judge, Jalandhar.

2. The brief facts leading to the filing of the present revision petition are that petitioners preferred a petition under Section 9 (4) of the Hindu Adoption & Maintenance Act, 1956 read along with Section 41 of The Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter called the 'Juvenile Justice Act') for adoption of Gurjot Singh. The petitioners are the maternal grandparents of minor Gurjot Singh, who was born on 06.06.1998. His father Kuldeep Singh has expired on 30.04.2007. His mother Rupinder Kaur has also expired on 27.11.2002. During the pendency of the appeal before learned Additional District Judge, Jalandhar, respondents No.2 & 3 who were the parental grandparents of Gurjot Singh have also expired on 14.11.2015 and 18.04.2014, respectively. Petitioners had earlier filed a petition under Sections 7 and 9 of the Guardians & Wards Act for declaring them as guardian of minor Gurjot Singh. The same was allowed.

3. The petition filed by the petitioners was dismissed by the learned Guardian Judge primarily on the ground that petitioners already had a son, so they were barred from taking minor Gurjot Singh in adoption. Learned Guardian Judge further held that the provisions of the Juvenile Justice Act were not applicable as minor Gurjot Singh was not a juvenile in conflict with law.

4. The petitioners preferred the appeal. The same was also dismissed by the learned Additional District Judge, Jalandhar without any prejudice to their rights to seek adoption of the minor Gurjot Singh or to have the recourse to other remedies, if any available to them in accordance with law. Hence, this revision petition.

5. Learned counsel for the petitioners contended that as per Section 41 (6) of the Juvenile Justice Act, the presence of the biological son is no ground to decline prayer for adoption. To support his contentions, he relied upon cases Rajan Mittal and another Vs. Nari Niketan Trust (Regd.) Nakodar Road, Jalandhar 2012(4) RCR (Civil) 541 and in the matter of adoption of Payal @ Sharinee Vinay Pathak Mumbai (Bombay) 2009(4) RCR (Civil) 401.

6. He further contended that minor Gurjot Singh is an orphaned child. His parents and parental grandparents have already died. So, it is in the welfare of the child that his adoption should be allowed to the petitioners, who are his maternal grandparents. They have already been appointed as his guardian by the Court. There is nobody else to look after minor Gurjot Singh. Thus, he contended that the petition filed by the petitioners has been wrongly dismissed by the courts below.

7. I have duly considered the aforesaid contentions.

8. Petitioners have filed the petition under Section 9 (4) of the Hindu Adoption and Maintenance Act, 1956 read with Section 41 of the Juvenile Justice Act for the adoption of minor Gurjot Singh. This fact is not disputed that the parents of minor Gurjot Singh namely Kuldeep Singh and Rupinder Kaur had already died on 30.04.2007 and 27.11.2002, respectively. It is also not disputed that respondents No.2 & 3 Satnam Singh and Charan Kaur, the parental grandparents of minor Gurjot Singh have also expired during the pendency of the appeal before the Court of learned Additional District Judge, Jalandhar on 14.11.2015 and 18.04.2015, respectively. So, minor Gurjot Singh is an orphaned child. Section 41 (6) (b) of the Juvenile Justice Act provides that the Court may allow a child to be given in adoption to the parents to adopt a child of same sex irrespective of the number of living biological sons or daughters. So, as per the aforesaid provision, there is no bar to adopt the child under the provisions of Juvenile Justice Act even if a person seeking