MUMBAI, February 23: The Mumbai High Court has made it clear that the Parsi community does not have the right to adopt children.The reiteration by Justice D K Deshmukh comes in the wake of a civil application filed by late Laxmidas Morarji, now represented by his legal heirs, the owners of Mahemadaly Mansion, Princess Street, Mumbai. One of the flats in the mansion were rented to Dhanbai Batliwala, who died in December 1963. Batliwala did not have any natural child who could inherit her residence, claimed the suit.
However, Behroze Darab Madon, an adopted daughter of Batlivala, claimed tenancy rights of the flat. The Morarjis maintained that Madon was not a legal inheritor of Batlivala and therefore gained no right to stay in the premises after the latter's death. The mansion owners challenged her stay through a petition in the trial court. But the lower court ruled that Behroze Madon had established herself as a member of Batlivala's family and could therefore continue to live in her house, as per theBombay Rent Act provisions. The landlords moved the Appellate Court against this order. This court upheld that Madon inherited tenancy rights and observed that adoption was allowed in Parsis.
Aggrieved by the Appellate Court order, the mansion owners moved High Court. The trustees of Parsi Panchayat Funds and Properties also intervened in the matter to find out if there was a recognised custom of adoption in Parsi religion. Justice D K Deshmukh held that since Behroze Madon was staying with Batlivala at the time of the latter's death, and especially since she had been incorporated as a family member, Madon could claim tenancy rights. However, the judge has ruled out the prevalence of the custom of adoption among the Parsis. Citing earlier judgements on Parsi property rights, Justice Deshmukh clarified that the custom of adoption was prevalent only among the Parsis of the Baroda state. No such custom existed among those Parsis domiciled in British India. And since Bombay was a part of the British India,Batlivala couldn't claim the right to adopt.
Therefore, the judge clarified, the Appellate Court was wrong in proclaiming that the Parsi personal law permitted adoption.
Copyright © 1998 Indian Express Newspapers (Bombay) Ltd.
