exception to adoptions which shall from the date of coming into force of the JJ Act be applicable to all such acts, except to adoptions made under the HA Act. He contends that the HA Act, in terms of Chapter II thereof provides for the manner in which a Hindu person can be adopted, and in the absence of any infirmity in following the procedure laid down therein, the adoption is otherwise legal and valid. He argues that, there is no dispute that the Applicant No.3 and Darshan Dange, are the biological mother and father of the child, both being Hindu, and the adoptive parents; Applicant Nos.1 and 2 also being Hindu, married to each other and a barren couple, there was no impediment in terms of the capacities of the parties to complete the adoption or as to the validity of the Deed of Adoption. It is further argued that a plain reading of the FIR itself does not disclose the ingredients of an offence under Sections 80 and 81 of the JJ Act as there was a valid adoption and there was no sale of a child in the transaction; It was further argued that in any event, the child being in the care of its biological mother, the Applicant No.3 could not be termed as an orphan, abandoned or surrendered child in terms of Section 80 of the JJ Act and therefore, these penal provisions would not be applicable in the facts of the case.
