Merely Executing Notarized Document Purporting To Adoption Deed Does Not Give A Right To Child Custody: Bombay High Court
3 years, 8 months ago

Merely Executing Notarized Document Purporting To Adoption Deed Does Not Give A Right To Child Custody: Bombay High Court

Live Law  

The Bombay High Court recently refused permission to a couple to take custody over a two-year-old child on the strength of a "notarised adoption deed". A Bench of Justices SS Shinde and Manish Pitale ruled, "We are of the opinion that by merely executing a notarized document purporting to be an Adoption Deed, the petitioners cannot claim that they have a right to hold custody of the girl-child." By the time the CWC took cognizance of the matter and directed the biological mother to appear before the Committee, the woman had already handed the child over to the petitioners by a notarised adoption deed, it was found. Arguments in Court Senior Advocate Raja Thakare averred that the notarised document relied on by the petitioners to establish their claim on the child, was a valid document of adoption in terms of the Hindu Adoption and Maintenance Act, 1956.

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History of this topic

Amendment To UP Consolidation Of Holdings Act Doesn't Require Registration Of Adoption Deeds Executed Before 01.01.1977: Allahabad HC
21 hours, 57 minutes ago

Amendment To UP Consolidation Of Holdings Act Doesn't Require Registration Of Adoption Deeds Executed Before 01.01.1977: Allahabad HC

Live Law  

While allowing a 40 year old writ petition, the Allahabad High Court has held that consolidation proceedings in the State of Uttar Pradesh cannot be overruled on the ground of non-registration of adoption deed when such deed was executed prior to 01.01.1977. Petitioner submitted that on the basis of adoption deed dated 25.10.1974, being the adopted son of the deceased, …

Custody Orders Must Be Respected Unless Challenged And Modified By Higher Court: Jharkhand HC Directs Mother To Handover Son To Father
1 week, 2 days ago

Custody Orders Must Be Respected Unless Challenged And Modified By Higher Court: Jharkhand HC Directs Mother To Handover Son To Father

Live Law  

Highlighting that a custody order, unless challenged or modified by a higher court, must be respected, the Jharkhand High Court upheld a family court's order granting custody of a minor boy to his father. The above ruling came in a writ petition filed by the father seeking recovery of his son claiming that his wife took away their child despite …

Bombay High Court asserts autonomy of Hindu woman in interfaith relationship
1 week, 3 days ago

Bombay High Court asserts autonomy of Hindu woman in interfaith relationship

India Today  

The Bombay High Court said that a Hindu woman who has decided to marry a Muslim man not yet of marriageable age, will be allowed to make her own decision. The court also asserted that there is no question of anyone gaining custody of the woman, who is currently housed at a shelter home in Mumbai. The advocate also submitted …

In-Laws Keeping Young Child Away From Mother In Defiance Of Court Order Is Cruelty U/S 498A IPC: Bombay High Court
1 week, 5 days ago

In-Laws Keeping Young Child Away From Mother In Defiance Of Court Order Is Cruelty U/S 498A IPC: Bombay High Court

Live Law  

In a significant ruling, the Aurangabad bench of the Bombay High Court on Wednesday held that keeping a minor child away from the mother in defiance of a court order would amount to mental harassment and cruelty. The bench noted that the husband had taken along with him, his four year old daughter, despite a clear order from a Family …

Bench sets aside order on adoption of children in Telangana
3 weeks, 2 days ago

Bench sets aside order on adoption of children in Telangana

New Indian Express  

HYDERABAD: The Telangana High Court has set aside a single judge’s order in a batch of writ petitions concerning the custody and adoption of minor children under the Juvenile Justice Act, 2015. A bench of Chief Justice Alok Aradhe and Justice J Sreenivas Rao emphasised that the statutory provisions under Sections 36, 37, and 38 of the 2015 Act — …

Daughter Has No Inheritance Right In Father's Properties If He Died Before 1956, Leaving Behind Daughter & Her Mother: Bombay High Court
Trending News
1 month, 1 week ago

Daughter Has No Inheritance Right In Father's Properties If He Died Before 1956, Leaving Behind Daughter & Her Mother: Bombay High Court

Live Law  

In a significant ruling, the Bombay High Court on Tuesday held that a daughter will not have any limited or absolute right of inheritance in the properties of her father, if he has died prior to the enforcement of the Hindu Succession Act, 1956. A division bench of Justices Atul Chandurkar and Jitendra Jain answered a reference - Whether a …

No 'Illegal' Detention: Gujarat High Court Rejects Pakistani Father's Plea For Custody Of Minor Son Brought To India By Mother
1 month, 2 weeks ago

No 'Illegal' Detention: Gujarat High Court Rejects Pakistani Father's Plea For Custody Of Minor Son Brought To India By Mother

Live Law  

The Gujarat High Court has rejected a plea filed by a Pakistani man seeking custody of his 4-year-old son, who allegedly was brought to India by his mother. In its judgement, a division bench comprising Justices Sangeeta K Vishen and Sanjeev J Thaker observed, “The minor Azlaan aged 4 years, is in the custody of his mother and hence, it …

Bombay High Court upholds teenager’s right to reproductive freedom
3 months, 2 weeks ago

Bombay High Court upholds teenager’s right to reproductive freedom

The Hindu  

The Bombay High Court on Thursday permitted a 17-year-old sexual abuse survivor to continue her pregnancy noting that it was conscious of her reproductive freedom and right to choice. Supporting the teenager girl’s change of decision who initially was seeking for an abortion and later decided to carry the pregnancy with an intention to marry the person who she had …

Mere Desire Of Child To Be With One Parent Is Not A Ground To Decide Custody Matters: Bombay High Court
3 months, 3 weeks ago

Mere Desire Of Child To Be With One Parent Is Not A Ground To Decide Custody Matters: Bombay High Court

Live Law  

In a significant order, the Aurangabad bench of the Bombay High Court held that custody matters pertaining to a child cannot be decided merely on the basis of the 'desire' of the child of a tender age since there are possibilities of 'tutoring' the child.Single-judge Justice Kishore Sant upheld the May 9, 2024 judgment of a Family Court in Aurangabad, …

"Child Needs Love, Affection And Protection Of Both Parents”: Andhra Pradesh High Court Grants Visitation Rights To Father Of Minor
5 months ago

"Child Needs Love, Affection And Protection Of Both Parents”: Andhra Pradesh High Court Grants Visitation Rights To Father Of Minor

Live Law  

The High Court of Andhra Pradesh has emphasized the critical importance of a child's right to maintain relationships with both parents, especially at a tender age, even in cases of parental separation where custody is given only to one parent. Justice Ravi Nath Tilhari and Justice Nyapathy Vijay held that even when custody is awarded to one parent, the other …

Biological Mother's Marital Status Cannot Be Determining Factor in Adoption of Child: Madras High Court
6 months ago

Biological Mother's Marital Status Cannot Be Determining Factor in Adoption of Child: Madras High Court

News 18  

The Madras High Court recently observed that the marital status of a Hindu woman cannot be the determining factor in deciding the adoption of her biological child. However, the registering authority refused registration because the child’s biological mother had attained majority and remained unmarried at the time of adoption and therefore, there was a lack of consent from the child’s …

CWC returns child to unwed mother’s custody after she revoked surrender deed
6 months, 3 weeks ago

CWC returns child to unwed mother’s custody after she revoked surrender deed

Hindustan Times  

Mumbai: The Child Welfare Committee in Matunga informed the Bombay High Court on Wednesday that it has returned the custody of a two-month-old baby to her unwed mother, following a dispute over a surrender deed for adoption. The court had previously directed the CWC to resolve the matter after a 23-year-old unwed mother petitioned it to nullify the deed and …

Rights Of Adopted Children Of Citizens Can't Be Marooned: Karnataka HC Directs CARA To Consider Granting NOC For Child Adopted From Non-Hague Convention Country
8 months, 3 weeks ago

Rights Of Adopted Children Of Citizens Can't Be Marooned: Karnataka HC Directs CARA To Consider Granting NOC For Child Adopted From Non-Hague Convention Country

Live Law  

The Karnataka High Court has directed the Central Adoption Resource Authority to consider the representation of a couple who are Indian Citizens and have adopted a child in Uganda, a country which is not a signatory to the Hague Convention 1995 and seeking to legalise the adoption in India in terms of Juvenile Justice Act, 2015 and the Adoption Regulations …

Bombay High Court Dismisses Plea By Deceased's Mother Against Legal Heirship Certificate To Son Of Deceased Excluding Her
10 months, 1 week ago

Bombay High Court Dismisses Plea By Deceased's Mother Against Legal Heirship Certificate To Son Of Deceased Excluding Her

Live Law  

The Bombay High Court refused to revoke legal heir certificate granted to wife and children of a deceased man in a petition filed by a woman claiming to be his biological mother, who alleged that the son of the deceased suppressed her pending suit claiming to be a legal heir. Justice Manish Pitale observed that the son of the deceased …

Bombay High Court Rejects Father's Plea For Custody Of 3-Year-Old Girl Child Citing His Anger Management Issues
1 year ago

Bombay High Court Rejects Father's Plea For Custody Of 3-Year-Old Girl Child Citing His Anger Management Issues

Live Law  

The Bombay High Court on Wednesday dismissed a habeas corpus petition filed by a 41-year-old UK citizen seeking custody of his 3-year-old daughter from his estranged wife, an Indian citizen. When the man approached the Bombay High Court in February seeking compliance with the Singapore court's order, the High Court raised concerns about the child's welfare. Despite the parties signing …

Welfare Of Child Prime Consideration In Guardianship Cases: Delhi High Court Declines Father’s Plea To Move Child To A “Better” School
1 year ago

Welfare Of Child Prime Consideration In Guardianship Cases: Delhi High Court Declines Father’s Plea To Move Child To A “Better” School

Live Law  

In a father’s plea seeking direction to his child’s mother for transfer of the child to a “better” school, the Delhi High Court has observed that welfare of the child is of prime consideration in guardianship cases. The appellant-father had filed the appeal assailing a Family Court order, whereby his application for direction to the respondent to send the child …

Supreme Court Issues Directions To Expedite Adoption Process; Directs States To Conduct Drives To Identify Children, Establish Adoption Agencies
1 year, 1 month ago

Supreme Court Issues Directions To Expedite Adoption Process; Directs States To Conduct Drives To Identify Children, Establish Adoption Agencies

Live Law  

The Supreme Court on Monday directed the Secretary in charge of nodal departments responsible for the implementation of the Juvenile Justice Act in all States to carry out bi-monthly identification drives to identify children who were orphaned, abandoned, or surrendered so that such children could enter the loop of adoption in India. The bench comprising CJI DY Chandrachud, Justice JB …

Child "Emotionally Attached" To Her: Bombay HC Appoints Aunt As Guardian Of 4-Yr-Old; Cites Mother's Psychological Issues, Father's Aggression
1 year, 2 months ago

Child "Emotionally Attached" To Her: Bombay HC Appoints Aunt As Guardian Of 4-Yr-Old; Cites Mother's Psychological Issues, Father's Aggression

Live Law  

The Bombay High Court recently appointed the paternal aunt of a four-year-old boy as his legal guardian while allowing his parents to visit him frequently and occasionally take him for outings with the condition that the child returns to his aunt’s custody on the same day. The court commissioner's report, which assessed the living conditions of the petitioner as well …

Ex-Parte Order Of German Court Granting Custody To Mother Not Acceptable, Welfare Of Child Paramount: Karnataka High Court
1 year, 2 months ago

Ex-Parte Order Of German Court Granting Custody To Mother Not Acceptable, Welfare Of Child Paramount: Karnataka High Court

Live Law  

The Karnataka High Court has refused to accept an ex-parte order passed by a court in Germany, granting custody of a 9 year old child to his mother who resides there. However, the court rejected this contention saying “It is an ex parte order passed by the German Court whilst the child was in India.” Further it held “The Court …

Mother Can't Relinquish Property Rights Of Minor Children Without Proper Documentation: Telangana High Court
1 year, 2 months ago

Mother Can't Relinquish Property Rights Of Minor Children Without Proper Documentation: Telangana High Court

Live Law  

The Telangana High Court has held that a mother cannot legally relinquish the property rights on behalf of her minor children in light of the amendments to the Hindu Succession Act, 2005 which granted daughters equal rights to sons in ancestral property, strengthening their claim to a share in such properties. Justice P. Sree Sudha held that the mother's purported …

Bombay High Court grants custody of child to father arrested for 'rape' of mother
1 year, 3 months ago

Bombay High Court grants custody of child to father arrested for 'rape' of mother

India Today  

The Bombay High Court on Friday granted the custody of a child to its biological father who was arrested on rape charges made by the mother. The bench of Justices Revati Mohite-Dere and Gauri Godse were hearing the father's plea against a decision made by the Maharashtra Child Welfare Committee to put the child up for adoption. In his plea, …

Bombay High Court Comes To Aid Of Woman Stuck With Ex-Husband’s Name Wrongly Added To Child’s Birth Certificate
1 year, 3 months ago

Bombay High Court Comes To Aid Of Woman Stuck With Ex-Husband’s Name Wrongly Added To Child’s Birth Certificate

Live Law  

Expressing surprise at the Navi Mumbai Municipal Corporation’s unwillingness to correct the father’s name on the birth certificate of a 3-year-old, the Bombay High Court directed the Municipal body to immediately replace the woman’s ex-husband’s name with the child’s biological father’s name on the birth certificate. He also cited a 2018 judgement of the Bombay High Court that allowed an …

'Mother's love alone not enough for child custody', says Bombay HC
1 year, 3 months ago

'Mother's love alone not enough for child custody', says Bombay HC

Firstpost  

The High Court observed that the mother’s cases filed against father in India appeared to be a strategy to prevent the child from returning to the US. It noted that children suffer the most in custody battles during matrimonial disputes In a recent custody case, the Bombay High Court has ruled that deciding what’s best for a young child cannot …

Mother who surrendered child tells High Court not to give custody to 'rapist' father
1 year, 4 months ago

Mother who surrendered child tells High Court not to give custody to 'rapist' father

India Today  

In a surprising turn of events during the ongoing child custody court hearing, the mother of the child, who had surrendered the child for adoption through the state Child Welfare Committee, approached the Bombay High Court. READ | Bombay High Court gives child welfare panel 48 hrs to hand over custody of child to father Agnes also argued that the …

Child welfare panel hands over abandoned child to father, still faces high court ire
1 year, 4 months ago

Child welfare panel hands over abandoned child to father, still faces high court ire

India Today  

The Bombay High Court was informed by the Child Welfare Committee of Maharashtra that the 18-month-old child, who had been abandoned by the mother, has now been handed over to the biological father. READ | Bombay High Court orders special team probe in Nalasopara fake encounter case The case revolves around a man who was a minor at the time …

Bombay High Court gives child welfare panel 48 hrs to hand over custody of child to father
1 year, 4 months ago

Bombay High Court gives child welfare panel 48 hrs to hand over custody of child to father

India Today  

The Bombay High Court has lashed out at the Child Welfare Committee of Maharashtra for putting up a child for adoption while the child's father was seeking his custody. The high court bench directed the CWC to get its act right in 48 hours, or else the court would pass an order. READ | Dramatic scenes outside Bombay High Court …

Bombay High Court denies minor rape victim permission to abort 28-week-old fetus
1 year, 5 months ago

Bombay High Court denies minor rape victim permission to abort 28-week-old fetus

India Today  

The Aurangabad bench of the Bombay High Court on Monday refused to permit a 15-year-old rape victim to abort her 28-week pregnancy as doctors have opined the baby would be born alive even if forcible delivery is performed at this stage. The high court bench expressed concerns that a forced delivery could result in the birth of an underdeveloped child …

“We Have Not Stayed Adoptions”: Bombay High Court Clarifies, Court To Continue Hearing Matters
1 year, 6 months ago

“We Have Not Stayed Adoptions”: Bombay High Court Clarifies, Court To Continue Hearing Matters

Live Law  

The Bombay High Court clarified on Friday that it hadn’t stalled any adoptions and all procedures should continue as they were before the Juvenile Justice Amendment 2021. Civil courts dealing with adoptions must continue to do so till final disposal of this matter on July 7.” After an intervenor pointed out that several matters had already been transferred to the …

Where Parents Agree To Allow Child Custody To Either One Of Them, Court Can Intervene If Custody No Longer In Minor’s Welfare: Rajasthan High Court
1 year, 6 months ago

Where Parents Agree To Allow Child Custody To Either One Of Them, Court Can Intervene If Custody No Longer In Minor’s Welfare: Rajasthan High Court

Live Law  

The Rajasthan High Court has held that in cases where parties have agreed to allow the custody of the child with one of the parents, it should remain with that party alone, unless it is demonstrated that the same is no longer in the child’s welfare. The bench of Justices Vinod Kumar Bharwani and Manindra Mohan Shrivastava said: “In cases …

Child Custody Orders Can't Be Rigid And Final, Can Be Moulded Keeping In Mind Needs Of Child At Various Stages Of Life: Bombay High Court
1 year, 7 months ago

Child Custody Orders Can't Be Rigid And Final, Can Be Moulded Keeping In Mind Needs Of Child At Various Stages Of Life: Bombay High Court

Live Law  

Child custody orders can be altered and moulded at various stages of a child’s life keeping in mind his welfare, the Bombay High Court has observed. A single bench of Justice Neela Gokhale allowed a man to re-approach the Family Court to alter the mutual consent divorce terms with his ex-wife regarding child access, owing to the wife’s remarriage. “They …

Custody orders not rigid, can be altered keeping in mind child's need: Bombay HC
1 year, 7 months ago

Custody orders not rigid, can be altered keeping in mind child's need: Bombay HC

India Today  

The Bombay High Court on Saturday said that the custody orders cannot be made rigid and are capable of being altered, keeping in mind the needs and welfare of the child at various stages of life. The high court said this while directing a family court to hear afresh an application filed by a man seeking to be appointed as …

Biological parents of child given for adoption file habeas corpus plea in Bombay HC
1 year, 7 months ago

Biological parents of child given for adoption file habeas corpus plea in Bombay HC

India Today  

The Bombay High Court has granted five weeks' time to a Mumbai couple to get a stay from another bench of the high court on an order of the Mumbai Civil court, which had directed them to return their adopted child to its biological parents. The bench of Justices Revati Mohite Dere and Sharmila Deshmukh were hearing a habeas corpus …

Refusing Divorced Woman to Adopt Child as She is Working Reflects Medieval Conservative Mindset: Bombay HC
1 year, 8 months ago

Refusing Divorced Woman to Adopt Child as She is Working Reflects Medieval Conservative Mindset: Bombay HC

News 18  

The Bombay High Court has said refusing a divorced woman to adopt a child on the ground that she is working and hence would not be able to give personal attention to the child reflects a “mindset of medieval conservative concepts”. The HC passed the order on the petition filed by Shabnamjahan Ansari, a teacher by profession, challenging an order …

Bombay HC berates 'medieval concept' of not letting a single working woman adopt a child
1 year, 8 months ago

Bombay HC berates 'medieval concept' of not letting a single working woman adopt a child

India Today  

The Bombay High Court has observed that refusing a divorcee to adopt a minor girl on the grounds that she was a working woman and hence would not be able to give personal attention to the child reflected a mindset of the medieval conservative concepts. Ansari had challenged an order passed by a civil court in Bhusawal in March 2022, …

Drama In Bombay High Court As 10-Yr-Old Resists Father’s Attempts To Take Custody, Grandfather Asked To Hand Over Custody At Police Station
1 year, 9 months ago

Drama In Bombay High Court As 10-Yr-Old Resists Father’s Attempts To Take Custody, Grandfather Asked To Hand Over Custody At Police Station

Live Law  

Amid the cries of a 10-year-old child refusing to be taken away by his biological father, the Bombay High Court asked the maternal grandfather to handover the child’s custody to the father at the police station later in the day. Following submissions from all parties involved, the court said, “The fact therefore remains that the Order passed by this Court …

Supreme Court Allows Woman Who Sought Abortion To Give Child For Adoption To A Couple Registered With CARA
1 year, 10 months ago

Supreme Court Allows Woman Who Sought Abortion To Give Child For Adoption To A Couple Registered With CARA

Live Law  

In a plea filed by a 21-year old unmarried woman seeking permission to terminate a 29-week pregnancy, the Supreme Court of India, while noting that the petitioner in question had agreed to give birth to the child and place the child for adoption, asked AIIMS to take all necessary precautions in the interest of the safety and health of the …

Bombay High Court Orders Stay On Transfer of Adoption Cases To District Magistrates, Asks Single Judge To Continue Hearing Matters
1 year, 11 months ago

Bombay High Court Orders Stay On Transfer of Adoption Cases To District Magistrates, Asks Single Judge To Continue Hearing Matters

Live Law  

The Bombay High Court on Tuesday granted interim stay on transfer of pending adoption matters to the District Magistrates and directed the courts to continue with adjudication in such cases. The division bench of Justice G. S. Patel and Justice S. G. Dige also issued notice to the Attorney General for India in a writ petition challenging the Juvenile Justice …

Parent Seeking Custody Should Have Attachment With Minor Child, Natural Guardianship Not Sole Criterion: Chhattisgarh High Court
2 years ago

Parent Seeking Custody Should Have Attachment With Minor Child, Natural Guardianship Not Sole Criterion: Chhattisgarh High Court

Live Law  

The Chhattisgarh High Court has recently observed that merely because the father is the natural guardian of his minor son, the issue of custody cannot automatically be decided in his favour.A Division Bench of Justice Goutam Bhaduri and Justice Radhakishan Agrawal reiterated that the welfare of the child is what takes precedence in such matters and that parents should have …

Orders Giving Visitation Right/Temporary Child Custody Cannot Be Passed In A Proceedings For Restitution Of Conjugal Right : Supreme Court
2 years ago

Orders Giving Visitation Right/Temporary Child Custody Cannot Be Passed In A Proceedings For Restitution Of Conjugal Right : Supreme Court

Live Law  

The Supreme court observed that orders giving visitation rights or temporary child custody cannot be passed in a proceedings under Section 9 of the Hindu Marriage Act.In this case, the husband filed a petition under Section 9 of the Hindu Marriage, Act, 1955, seeking Restitution of Conjugal Rights, against the wife before the Family Court. The Supreme court observed that …

Delhi High Court Paves Way For Inter Country Adoption By Foreign Couple, Orders Expeditious Completion Of Legal Formalities
2 years ago

Delhi High Court Paves Way For Inter Country Adoption By Foreign Couple, Orders Expeditious Completion Of Legal Formalities

Live Law  

Paving way for an inter country adoption by a foreign couple, the Delhi High Court on Friday directed the authorities to expeditiously conclude all legal formalities relating to adoption of a minor child with special needs, who was found abandoned in October 2019 in a cremation ground. The bench observed that undisputedly no reservation came to be made by a …

Cannot declare a child as an orphan when biological mother is alive: Bombay High Court
2 years, 1 month ago

Cannot declare a child as an orphan when biological mother is alive: Bombay High Court

India Today  

When the biological parent of a minor child is alive, then the child cannot be called an orphan. The Bombay High Court said this while rejecting an application filed by an organisation seeking two girls to be declared as orphans. However, the court allowed the organisation to approach a competent authority that "may make due inquiry and take decision on …

Bombay High Court Orders Inquiry Into Father's Allegations That Police Prosecuted His Minor Son For Murder As Adult On Failure To Offer Bribe
2 years, 3 months ago

Bombay High Court Orders Inquiry Into Father's Allegations That Police Prosecuted His Minor Son For Murder As Adult On Failure To Offer Bribe

Live Law  

The Bombay High Court has ordered an inquiry to be conducted into a father's allegations that his son was being wrongfully treated as an adult in a murder case despite being a juvenile. The court directed the Additional Commissioner of Police, North Region, Mumbai, to conduct an inquiry into the allegations made by the father against the Police Inspector investigating …

Gujarat High Court Refuses Custody Of 2-Yr-Old To Mother Citing Voluntary Desertion, Child's Attachment To Father, Her Busy Work Schedule
2 years, 4 months ago

Gujarat High Court Refuses Custody Of 2-Yr-Old To Mother Citing Voluntary Desertion, Child's Attachment To Father, Her Busy Work Schedule

Live Law  

The Gujarat High Court has recently declined custody of a minor son to his mother on the ground that her work schedule did not permit her to take care of the child as compared to the work schedule of the father. Further, Justice Umesh Trivedi, while applying the principle of paramount interest of child, opined that the Appellant-mother had a …

Mother being natural guardian can decide child's surname, says Supreme Court
2 years, 4 months ago

Mother being natural guardian can decide child's surname, says Supreme Court

India Today  

The Supreme Court on Thursday ruled that a mother who remarries after the death of her biological father can choose the surname of her child and include it in her new family. The bench of Justices Dinesh Maheshwari and Krishna Murari overturned an Andhra Pradesh High Court decision ordering a mother to change her child's surname and refer to her …

Couple Moves Gujarat HC Seeking Custody Of Their 3 Day Old Child From Surrogate Mother Who Is In Judicial Custody
2 years, 5 months ago

Couple Moves Gujarat HC Seeking Custody Of Their 3 Day Old Child From Surrogate Mother Who Is In Judicial Custody

Live Law  

The intended parents of a 3-day-old child have moved to the Gujarat High Court seeking custody of the child from the surrogate mother, who is presently in judicial custody in connection with a criminal offence.Essentially, the couple opted for surrogacy and entered into a surrogacy agreement with a 31-year-old divorcee woman to become a surrogate mother of their. The intended …

Hindu Adoptions & Maintenance Act Does Not Envisage Agreement To Adopt 'Unborn Child': Punjab & Haryana High Court
2 years, 6 months ago

Hindu Adoptions & Maintenance Act Does Not Envisage Agreement To Adopt 'Unborn Child': Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court while dealing with a case of adoption of an unborn child, held that no such provision as to give effect to adoption of an unborn child is envisaged under the Hindu Adoptions and Maintenance Act, 1956. The court further noted that there is no registered document available regarding the factum of adoption as per …

Explained | What are adoption rules in India
2 years, 8 months ago

Explained | What are adoption rules in India

The Hindu  

A total of 3,559 children were adopted in India between April 2020 and March 2021, as per official adoption data. The JJ Act also allows the adoption of same-sex children — parents of a biological or adopted child can adopt another child of the same sex. A database of children and registration of prospective parents is done on a centralised …

Child Adopted By A Widow Not Entitled To Inherit Her Deceased Husband's Property: Bombay High Court
2 years, 8 months ago

Child Adopted By A Widow Not Entitled To Inherit Her Deceased Husband's Property: Bombay High Court

Live Law  

The Bombay High court on Thursday answered the question of whether the principle of relation back is applicable in case of a son adopted post the demise of the husband of the adopting lady in the negative. A single judge Justice Shrikant D. Kulkarni observed, "an adopted son may have rights in future in the property which the family may …

Can't Suddenly Hand Over Adopted Child To Biological Parents, May Affect His Psychology: MP High Court Dismisses Habeas Corpus Plea For Custody
2 years, 9 months ago

Can't Suddenly Hand Over Adopted Child To Biological Parents, May Affect His Psychology: MP High Court Dismisses Habeas Corpus Plea For Custody

Live Law  

The Madhya Pradesh High Court, Indore Bench recently refused to interfere in a matter related to custody of a child, holding that an adopted child cannot be handed over to his biological parents without enquiring whether the child has any knowledge of his parentage. Placing reliance on the decision of the Apex Court in Tejaswini Guad v. Shekar Jagdish Prasad …

Senior Citizens Act: Bombay High Court Refuses Relief To Son Who Became Mother's Tenant & Dishoused Her Without Rent
2 years, 11 months ago

Senior Citizens Act: Bombay High Court Refuses Relief To Son Who Became Mother's Tenant & Dishoused Her Without Rent

Live Law  

The Bombay High Court has directed a son who "deprived his mother from leading a normal life" to vacate the house "expeditiously", noting that the mother had suffered immensely since over five years. Justice Girish Kulkarni observed that it was "astonishing" how the 48-year-old son had invented a novel way of entering the septuagenarian mother's house. Facts of the Case …

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