2026:BHC-OS:1989 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Digitally signed by JYOTI J P P Y R A O W A T K A I A R SH P P D 20 R A a 2 W t A e 6 K : A .0 A R 1 S . H 23 AND

1 + 5 0 : 5 0 3 0 0 :31 IN ITS GENERAL AND INHERENT JURISDICTION INDIAN ADOPTION PETITION NO. 2 OF 2026 Jack Alves, aged 72 years, Indian National, residing at Merri Ville CHS Ltd., Plot No. 25, St. Andrew’s Road, Bandra (West), Mumbai – 400 050. … Petitioner ______________________________________

Mr. Rakesh K. L. Kapoor for Petitioner.

Mr. O. Hareendran – Scrutiny Officer – ICSW present.

Mr. Jack Alves – Adoptive Father & Ms. Danielle Ann Alves – Adoptive Female present in Chamber.

Mr. Dilip S. Gurav, Chamber Registrar present.

_______________________________________

CORAM : FARHAN P. DUBASH, J.

DATE : 14^th JANUARY 2026 ORDER:

1. The present Indian Adoption Petition seeks orders from this Court for the adoption of an adult female viz. Danielle Ann (‘Adoptee’) born on 28^th September 1988. In fact, the Adoptee is presently married.

2. The Adoptee was an inmate of Missionaries of Charity, Church Road, Vile Parle West, Mumbai – 400 056. The said Missionaries of Charity proposed her in Guardianship to the Petitioner vide Indian Guardianship Petition No. 6 of 1989 and pursuant to an order of this Court dated 18^th January 1989 passed therein, the Petitioner [with the consent of his wife Mrs. Marilyn Cheryl Alves, since deceased] was appointed as the guardian of the said Adoptee. The said Guardianship Petition is on record at Exhibit A to the present Petition.

3. The said order dated 18^th January 1989 also records the undertaking of the Petitioner that he would adopt the Adoptee in the event of any law being passed permitting Christians to adopt, since at that time, it was widely believed that Christianity did not permit adoption.

4. Mr. Rakesh K. L. Kapoor, learned Counsel who appears on behalf of the Petitioner has contended that after the order dated 18^th January 1989 was passed, the Adoptee has remained under the guardianship of the Petitioner. He asserts that if the Petitioner is not permitted to adopt the Adoptee, it will cause serious prejudice to her inasmuch as, she would be deprived of her legitimate entitlement to the legal status of being the daughter of the Petitioner, given that she was brought up by the Petitioner and his late wife as their own daughter since then. He submits that even though the Adoptee has attained majority and is no longer a minor, the present Petition is required to be allowed by this Court.

5. In support of this submission, Mr. Kapoor relies on the decision of this Court in Manuel Theodore D’ Souza v. Unknown (‘Manuel Theodore case’),1 in which the constitutional right of citizens to have a family and parents in adoption was recognised, especially for Christians, for whom no personal law on adoption exists till date. Mr. Kapoor also relies upon another decision of this Court dated 4^th September 2024, passed in Indian Adoption Petition No. 77 of 2024 which, in turn, relies upon the Manuel Theodore case and permits the adoption of an adult female to be done, as sought in the present case.

6. Mr. Kapoor contends that the legislative vacuum in the case of adoption when a citizen professes Christian faith is recognised in the said decision of Manuel Theodore’s case and submits that in the peculiar facts of the present case, although there is some delay on the part of the Petitioner in approaching this Court to adopt the Adoptee, it would be in the Adoptee’s best interest if the present Petition is allowed.

7. The Petitioner is an Indian citizen, residing at Bandra (West), Mumbai, and aged about 72 years. He was married to Mrs. Marilyn Cheryl Alves who has since passed away on 21^st April 2017. The Petitioner and his wife had no biological children.

1 1999 SCC OnLine Bom 690

8. The Petitioner had one more daughter, Tracey-Ann Kim Alves, born on 2^nd September 1991. The Petitioner had been appointed as her guardian