A rare and complex legal question has come before the Bombay High Court on whether a 90-year-old man can adopt a 43-old man and bring his entire family under that relationship to carry forward his name and legacy.
The case is related to Dr Bomsi Wadia (90 years old), who has approached the court after authorities refused to register his adoption deed. While speaking to Indian Today, advocate Suresh Mane, representing the petitioner, explained the circumstances behind the plea.
‘Living all alone’: Reason behind the plea
According to the partitioner’s counsel, Dr Wadia is unmarried and has been living alone for years. His only close relative, his sister is no more.
Over the past two decades, a close associate has been taking care of him, providing “physical, mental and emotional support.” This person, Rajeev Jha, now 43-years old, lives with his own family, wife and children along with Dr Wadia.
The lawyer described as the “fag end of his life,” Dr Wadia has decided that someone should carry forward his legacy and chose to adopt his long-time caregiver.
Adoption denied, matter reaches court
Dr Wadia has already completed legal formalities such as preparing a will, power of attorney and affidavits. However, when he submitted the adoption deed to the registrar in Mumbai, it was rejected.
Why does Indian law not allow the adoption of adults?
According to the counsel, they have refused the plea on the ground that and adult person cannot be adopted in the country because there is no law as such.
Following this, the petitioner moved the Bombay High Court, seeking directions to the Centre and state government to frame guidelines and to also grant relief in this specific case.
Legal issue with the case
The person proposed to be adopted along with his wife has given consent through affidavits, which form part of the petition. The two families are already living together.
However, the case raises broader legal questions. Under existing laws such as the Hinsu Adoption and Maintenance Act and the Juvenile Justice Act, adoption is limited to minors.
“The prime issue is whether one adult can adopt another adult because there is no such law as such in our country,” the lawyer stated to the Indian Today reporter. He also further added that such provisions exist in some foreign jurisdictions.
The matter also involves inter-religious aspects, as the adopter and adoptee belong to different communities.
Court seeks responses
After hearing the matter, the Bombay High Court has asked both the Unions and state governments to file their replies.
The next hearing is expected on April 28, when the court will examine responses and take the matter ahead.
This case has potentially open up a new legal debate in India around adult adoption, inheritance, and the right to define family beyond existing legal frameworks.