Family Court With Territorial Jurisdiction Is The Competent Authority To Give A Child In Adoption : Kerala High Court
2 years, 11 months ago

Family Court With Territorial Jurisdiction Is The Competent Authority To Give A Child In Adoption : Kerala High Court

Live Law  

The Kerala High Court has recently laid down that the Family Court with the respective territorial jurisdiction is empowered to give a child in adoption.After perusing the provisions of the Juvenile Justice Act 2015, the 2014 Rules framed thereunder and the Adoption Regulations 2017, Justice M.R. The Kerala High Court has recently laid down that the Family Court with the respective territorial jurisdiction is empowered to give a child in adoption. After perusing the provisions of the Juvenile Justice Act 2015, the 2014 Rules framed thereunder and the Adoption Regulations 2017, Justice M.R. Sureshkumar appearing for the appellants drew the Court's attention to several provisions of the Juvenile Justice Act, 2015, the Juvenile Justice Rules, 2014 and Adoption Regulations, 2017 to present their case.

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History of this topic

Bench sets aside order on adoption of children in Telangana
3 weeks, 3 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 — …

Kerala Child welfare board sets record with 100 adoptions in 18 months
3 months, 4 weeks ago

Kerala Child welfare board sets record with 100 adoptions in 18 months

New Indian Express  

THIRUVANANTHAPURAM : The State Child Welfare Committee has set a record by facilitating the adoption of 100 children, who were under the care of foster mothers in various adoption centres across the state. “The new administration took charge at the end of February 2023, and within just one and a half years, the committee has achieved this rare record,” said …

Custody Application Of Minor Can Only Be Filed Before Court Having Jurisdiction Where Child Ordinarily Resides: Karnataka High Court
7 months, 1 week ago

Custody Application Of Minor Can Only Be Filed Before Court Having Jurisdiction Where Child Ordinarily Resides: Karnataka High Court

Live Law  

The Karnataka High Court recently held that an application seeking custody of a minor child has to be filed only before a court where the minor child ordinarily resides. A single judge bench of Justice M Nagaprasanna allowed the petition filed by the grandparents Samiulla Saheb and another of the minor child and set aside the order of the trial …

Family Courts Have Power To Modify Child Custody Orders If Situation Changes, Doctrine Of Res Judicata Not Applicable: Kerala High Court
8 months ago

Family Courts Have Power To Modify Child Custody Orders If Situation Changes, Doctrine Of Res Judicata Not Applicable: Kerala High Court

Live Law  

The Kerala High Court has upheld an order of the Family Court which stated that in child custody matters, it is open to the parties to approach the court and seek modification of the order if there is any change of circumstances. The Family Court added that the order passed initially cannot be said to be final, stating that the …

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 …

Sri Lanka adoption case against Dutch State must be retried
1 year, 1 month ago

Sri Lanka adoption case against Dutch State must be retried

NL Times  

The Dutch State and the adoption mediation agency have solid reasons to appeal a ruling on a Sri Lankan adoption from 1992. The case revolves around a woman who was born in Sri Lanka and was soon after adopted by Dutch parents. The woman wanted a judge to rule that both the state and the adoption mediation agency had acted …

[Custody Battle] Child's Interests Often Not Represented Properly In 'Wrangle' Between Mother & Father: Kerala High Court
1 year, 3 months ago

[Custody Battle] Child's Interests Often Not Represented Properly In 'Wrangle' Between Mother & Father: Kerala High Court

Live Law  

The Kerala High Court recently lamented the condition of children caught in custody battles between their parents. "In the wrangling between the mother and the father, often interest of the children are not properly represented," said a Division Bench comprising Justice A. Muhamed Mustaque and Justice Sophy Thomas.The Court therefore made an unprecedented direction for appointment of. "In the wrangling …

[Senior Citizen Couple] Kerala High Court Holds Convenience Of Wife To Be Prioritised In Petition For Transfer Of Matrimonial Dispute
1 year, 5 months ago

[Senior Citizen Couple] Kerala High Court Holds Convenience Of Wife To Be Prioritised In Petition For Transfer Of Matrimonial Dispute

Live Law  

The Kerala High Court recently held that when a wife seeks transfer of a matrimonial case to a court of her convenience, it should ordinarily be allowed by the court. A division bench of Justice Anil K Narendran and Justice P G Ajithkumar passed the order relying on a catena of Apex Court decisions that held that the convenience of …

“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 …

Proceedings For Guardianship, Custody Of Minor Lie Only Before Family Court: Karnataka High Court
1 year, 6 months ago

Proceedings For Guardianship, Custody Of Minor Lie Only Before Family Court: Karnataka High Court

Live Law  

The Karnataka High Court has made it clear that a proceeding in relation to the guardianship of a person or the custody of or access to any minor has to be filed before Family court and it cannot be filed before a district court or any subordinate civil court. The very proviso of Section 8 is very clear that no …

Now, adopting a child becomes easier in Chandigarh
1 year, 6 months ago

Now, adopting a child becomes easier in Chandigarh

Hindustan Times  

Adopting a child in Chandigarh has now become a step easier with the UT administration notifying the Chandigarh Juvenile Justice Amendment Rules, 2023. The Chandigarh administration has adopted the amendments in the Juvenile Justice Model Rules, 2016, notified by the central government in September 2022. The department will soon be appointing an officer to address queries of parents who want …

Family Court Does Not Have Jurisdiction To Entertain Claim For Defamation: Kerala High Court
1 year, 10 months ago

Family Court Does Not Have Jurisdiction To Entertain Claim For Defamation: Kerala High Court

Live Law  

The Kerala High Court on Wednesday held that a family court does not have the jurisdiction to entertain a claim for defamation. For a family court to assume jurisdiction, the dispute must have a proximate relationship to the marital relationship of the parties, the court observed. The explanation of Section 7 of the Family Courts Act, states that the family …

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 …

Kerala High Court Allows 17-Year-Old Minor To Donate Liver For Her Father; Says "Blessed Are Parents Who Have Children Like Her"
2 years ago

Kerala High Court Allows 17-Year-Old Minor To Donate Liver For Her Father; Says "Blessed Are Parents Who Have Children Like Her"

Live Law  

The Kerala High Court on Tuesday granted permission to a 17-year-old minor girl to donate a portion of her liver for conducting her father's transplantation surgery, subject to the other requirements of the Transplantation of Human Organs and Tissues Act, 1994 and the Rules. Blessed are parents who have children like Devananda.The writ petition is disposed of permitting the petitioner …

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 …

Child's Convenience To Be Given Preference While Transferring Petitions Filed For Custody: Kerala High Court
2 years, 4 months ago

Child's Convenience To Be Given Preference While Transferring Petitions Filed For Custody: Kerala High Court

Live Law  

The Kerala High Court has ruled that while transferring petitions filed for custody of children, the convenience of the child should be given preference particularly when the wife is abroad and appearing through a power of attorney. Observing so, Justice C.S Dias transferred all the pending cases between a couple to the court near the permanent residence of their child. …

Muslim mother cannot be a guardian of minor children, rules Kerala HC
2 years, 5 months ago

Muslim mother cannot be a guardian of minor children, rules Kerala HC

New Indian Express  

KOCHI: A division bench of the Kerala High Court has observed that it cannot hold a Muslim woman can be the guardian of her minor child's property since it is bound by the precedents of the Supreme Court. Sudha observed that even though the personal law which prevents Muslim women from being guardians can be argued to be violative of …

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 …

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 …

'CWC Acted Beyond The Scope Of Juvenile Justice Act': Madras High Court Returns The Custody Of Child To Adoptive Mother
3 years ago

'CWC Acted Beyond The Scope Of Juvenile Justice Act': Madras High Court Returns The Custody Of Child To Adoptive Mother

Live Law  

Madras High Court has recently set aside an order of the Child Welfare Committee to lodge a child in one of the reception homes in a custody battle between the adoptive mother and the biological mother. A Division Bench of Justice P.N Prakash and Justice R. Hemalatha was hearing two habeas corpus petitions filed by the biological mother and the …

What the Kerala adoption row says about gaps in the system
3 years, 1 month ago

What the Kerala adoption row says about gaps in the system

Live Mint  

Over the past few weeks, an unusual case has been playing out in the Kerala courts—Anupama Chandran, the daughter of a local CPIM leader in Thiruvananthapuram, has alleged that her parents put up her child, born in October 2020, for adoption without her consent. In earlier years, when I started out as a reporter, many orphanages and nursing homes “gave …

Baby kidnap case: Kerala HC postpones case to November 8 to await Anupama decision
3 years, 1 month ago

Baby kidnap case: Kerala HC postpones case to November 8 to await Anupama decision

Deccan Chronicle  

Kochi: The Kerala High Court on Wednesday postponed to November 8 the habeas corpus plea moved by Anupama S Chandran, daughter of a CPI local committee member, to get back her baby who had been put up for adoption by her parents last year without her knowledge. The high court had also said that a family court was seized of …

Delhi High Court Issues Notice To CARA On OCI Couple's Plea Seeking Parity With Domestic/ NRI Couples For Child Adoption
3 years, 4 months ago

Delhi High Court Issues Notice To CARA On OCI Couple's Plea Seeking Parity With Domestic/ NRI Couples For Child Adoption

Live Law  

The Delhi High Court has issued notice on a writ petition filed by an OCI couple, stating that despite having registered with CARA for adoption of a child in 2018, they have not received any referral till date; whereas applicants who registered subsequently have already received referrals.The Petitioners apprehend that CARA is not following. The Delhi High Court has issued …

Adoption cannot be restricted to orphans, abandoned children: Bombay High Court
3 years, 5 months ago

Adoption cannot be restricted to orphans, abandoned children: Bombay High Court

India Today  

The Nagpur bench of the Bombay High Court has held that as per the provisions of the Juvenile Justice Act, adoption of children cannot be restricted only to orphaned, abandoned, surrendered children or those in conflict with the law, adding the law also permits adoption of children of relatives. The Yawatmal lower court had rejected their plea under the provisions …

Indian Adoption Laws: Endless Wait For Children Orphaned During Pandemic
3 years, 6 months ago

Indian Adoption Laws: Endless Wait For Children Orphaned During Pandemic

Live Law  

The COVID 19 has given birth to the issue of legal adoption of the large number of children orphaned due to the pandemic, and protection of such orphaned and/or abandoned children from child trafficking and flesh trade. The upper age limit of a child to be adopted under the Hindu Adoptions and Maintenance Act, 1956 is 15 years, and under …

How to adopt a child legally
3 years, 7 months ago

How to adopt a child legally

The Hindu  

Profiteering from child trafficking rackets knows no bounds. Furthermore, CARA became pivotal in granting a ‘no objection’ certificate for all inter-country adoptions, pursuant to India becoming a signatory to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoptions. Only such children declared legally free for adoption under the Juvenile Justice Act by prescribed procedures can …

Kerala High Court Directs Family Courts To Mask The Name Of Adoptive Parents When Issuing Certified Copies Of Orders
3 years, 8 months ago

Kerala High Court Directs Family Courts To Mask The Name Of Adoptive Parents When Issuing Certified Copies Of Orders

Live Law  

In a recent judgment, the Kerala High Court directed the Registrar to issue necessary directions to all family courts in the state to mask the name of adoptive parents while issuing certified copies of orders.While hearing a case pertaining to the correctness of a procedure for surrender and adoption, a Division Bench of Justices A Muhamed Mustaque and Dr Kauser. …

Breaking: JJ Act- Child Born In Live-in Relationship To Be Construed As Child Born To Married Couple: Kerala High Court-Read Judgment
3 years, 8 months ago

Breaking: JJ Act- Child Born In Live-in Relationship To Be Construed As Child Born To Married Couple: Kerala High Court-Read Judgment

Live Law  

In a momentous ruling, the Kerala High Court has recognised that a child born in a live-in relationship would have to be treated as a child born to a married couple for the purposes of surrendering a child for adoption. The Court's finding Noting that there were two situations for surrender, one whereby a married couple surrendered their child for …

Adoption authority gets HC notice on plea
3 years, 8 months ago

Adoption authority gets HC notice on plea

The Hindu  

The Delhi High Court has issued notice to the Central Adoption Resource Authority on a plea by a Hindu couple, living in the U.S., seeking a no-objection certificate to adopt a child born to Christian parents. “The present petition raises an issue of enormous importance as it relates to a legal vacuum in respect of adoptions carried out prior to …

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 …

Legal Vacuum In Respect Of Adoptions Carried Out By Christian Parents Prior To 2016: Delhi High Court Seeks Response From Centre, CARA
3 years, 9 months ago

Legal Vacuum In Respect Of Adoptions Carried Out By Christian Parents Prior To 2016: Delhi High Court Seeks Response From Centre, CARA

Live Law  

The Delhi High Court has granted protection to a US-based Indian Christian couple, apprehending legal action for adopting a child in India in the year 2014, under the Hindu Adoptions and Maintenance Act, 1956. A Single Bench of Justice Pratibha M. Singh noted that prior to coming into effect of the Juvenile Justice Model Rules in 2016, there was no …

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