PETITIONER SIDE ARGUMENT

The petitioner humbly submits before the Hon’ble Supreme Court of Numenor that the
provisions of Numenor Adoption and Maintenance Act, 1956 is discriminatory and
unconstitutional towards the homosexual couples. The act only provides adoption of Male Hindu
and adoption of a female Hindu.
CAPACITY OF A MALE HINDU AND FEMALE HINDU TO TAKE IN ADOPTION
It is humbly submitted that a parent-child relationship is established by adoption, which is a legal
procedure. To ensure that everyone has the same rights and opportunities, discriminatory laws
that forbid same-sex couples from adopting children should be changed. The right to live with
dignity and the concepts of equality are upheld by the Numenor Constitution. It is crucial to
conform adoption laws to these basic principles in order to allow same-sex couples to adopt and
give orphans who need families a loving home. Capacity to adopt a son or a daughter can be by a
male Hindu who is of sound mind and is not a minor and if the male has a wife living, he shall
not adopt any child without the permission of his wife and it should be done with the consent of
both the parties.1 And the Capacity of a female Hindu to adopt a son or daughter who is not a
minor and of sound mind and if the female has a husband living, she shall not adopt any child
without the consent of her husband.2 In case of Mr. Legolas and Mr. Gimli when they were on
the trip to Moria, they rescued a girl named Galadriel she was an orphan girl as both her parents
were killed in an avalanche both of them Mr. Legolas and Mr. Gimli wanted to adopt her but the
law didn’t permit them to adopt a girl child. As only a male who is unmarried and if had a living
wife has to take permission from her to adopt a child. And similarly goes with if a female wants
to adopt, the legislation by using words male and female and using husband or wife if living had
restricted the homosexual couples to adopt a child. In case the court had recognized that each and
every child has the right to family and also the court gave detailed instructions govern adoption
and safeguarding a child from prostitution and slave. 3 A homosexual couple approached the
Bombay High Court seeking to adopt a child. The couple, who had been in a committed
relationship for several years, desired to adopt a child but their application was rejected by the
adoption agency. They contended that there were no legal barriers to homosexual adoption in
India and that they should be granted the opportunity to adopt. The Bombay High Court ruled in
their favor, declaring that the adoption agency's decision was discriminatory and arbitrary.

1
Section 7 of Hindu Adoptions and Maintenance Act 1956.
2
Section 8 of Hindu Adoptions and Maintenance Act 1956.
3
Laxmi Kant Pandey vs. Union of India