ISSUE:
Whether a Hindu couple, governed by the Hindu Adoption and Maintenance Act, 1956 can adopt a child when the already have child of their own, of the same gender, under the provisions of the Juvenile Justice Act of 2000?
RULE:
When the child to be adopted is orphaned, abandoned or surrendered child or a child in need of care and protection as defined in Juvenile Justice Act, the bar imposed by Section 11 (i) and (ii) of Hindu Adoption and Maintenance Act does not bar the Hindu having biological child from adopting the child of same gender.