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 biological father. The court observed that in the matter at hand, since all parties involved were Hindus, the Hindu Adoptions and Maintenance Act, 1956, applied and the key issue for consideration was whether the adoption was invalid due to the lack of consent from the child’s biological father. The judge referred to Supreme Court’s decision in Githa Hariharan v RBI where the expression “after” occurring in Section 6 of the Hindu Minority and Guardianship Act, 1956, was considered and it was held that the word “after” need not necessarily mean “after the lifetime” rather it would mean “in the absence of”, the word “absence” referring to the father’s absence from the care of the minor’s property or person for any reason whatsoever.

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History of this topic

Registration Of Adoption Deed 'Futile', Has No Legal Sanctity And Does Not Give Any Right To Parties Irrespective Of Religion: Madras HC
2 weeks, 5 days ago

Registration Of Adoption Deed 'Futile', Has No Legal Sanctity And Does Not Give Any Right To Parties Irrespective Of Religion: Madras HC

Live Law  

The Madurai bench of the Madras High Court has made it clear that the registration of an adoption deed is a futile exercise as it does not confer any rights on the parties to adoption and does not have any legal sanctity. The court thus observed that the registration of adoption deed could not be asked as a matter of …

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, 1 week 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 …

Step Father Can't Be Asked To Maintain Child When Biological Father Is Alive: Delhi Court
9 months, 1 week ago

Step Father Can't Be Asked To Maintain Child When Biological Father Is Alive: Delhi Court

Live Law  

A Delhi Court has observed that a stepfather cannot be asked to maintain a minor child when the biological father is alive.“With regard to the maintenance of the child, this court is of the view that in the presence of biological father of the child, the step father cannot be asked to maintain the child.” Metropolitan Magistrate Neha Kheria of …

'Can't Be Left To Oppressor's Mercy': P&H High Court Allows Minor Rape Victim To Give Child In Adoption, Says Consent Of Biological Father Inconsequential
10 months, 3 weeks ago

'Can't Be Left To Oppressor's Mercy': P&H High Court Allows Minor Rape Victim To Give Child In Adoption, Says Consent Of Biological Father Inconsequential

Live Law  

Observing that mother being a "natural guardian of the illegitimate minor girl child cannot be left to the mercy of her oppressor," the Punjab & Haryana High Court has allowed the then 13 years old rape victim to give the child in adoption without the concurrence from the biological father.The dispute occurred when the registrar refused to register the adoption …

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 …

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, …

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 …

Supreme Court Annual Digest 2022- Hindu Law
1 year, 11 months ago

Supreme Court Annual Digest 2022- Hindu Law

Live Law  

Family Courts Act, 1984 Family Courts Act, 1984 - The Family Courts Act is not a standalone Act. Akella Lalita v. Sri Konda Hanumantha Rao, 2022 LiveLaw 638 : AIR 2022 SC 3544 Hindu Adoption and Maintenance Act, 1956; Section 9 - Natural Guardian - Mother has an equal position as the father. Arunachala Gounder v. Ponnusamy, 2022 LiveLaw 71 …

'Young Couples Can't Be Made To Wait 3-4 Years To Adopt': Supreme Court Asks Centre To Simplify Adoption Process
2 years, 3 months ago

'Young Couples Can't Be Made To Wait 3-4 Years To Adopt': Supreme Court Asks Centre To Simplify Adoption Process

Live Law  

The Supreme Court on Friday highlighted that asking young couples made to wait three to four to adopt a child is not correct and that the adoption process in India needs a reconsideration. While considering a plea moved by a society, the Temple of Healing seeking to simplify the adoption process in India, Justices DY Chandrachud, AS Bopanna and JB …

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 …

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 …

Stepmothers May Not Show Same Affection for Kids as Biological Mothers, Says K'taka HC in Custody Battle
2 years, 11 months ago

Stepmothers May Not Show Same Affection for Kids as Biological Mothers, Says K'taka HC in Custody Battle

News 18  

The Karnataka High Court denied interim custody order of a child to the father on the grounds that he had remarried and the step mother would not be able to take care of and show affection to children which biological mothers instinctively would. A single-judge bench comprising Justice Krishna S Dixit dismissed a petition challenging a family court order in …

'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 …

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 …

Upholding Woman's Decisional Autonomy To Acknowledge Biological Father, Kerala High Court Restores Surrendered Child To Live-In Couple [Read Judgment]
3 years, 8 months ago

Upholding Woman's Decisional Autonomy To Acknowledge Biological Father, Kerala High Court Restores Surrendered Child To Live-In Couple [Read Judgment]

Live Law  

In an important ruling, the Kerala High Court has recognised the decisional autonomy of a woman in a live-in relationship recognising the biological father of her child and the parental rights thereby flowing to him. The Court's observations on a woman's decisional autonomy proved crucial in determining whether the biological father had a say in the procedure adopted to surrender …

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 …

Wife's Silence Cannot Give Rise To An Inference That She Had Consented For Purpose Of Adoption U/S 7 Of Hindu Adoption & Maintenance Act: Allahabad High Court
3 years, 9 months ago

Wife's Silence Cannot Give Rise To An Inference That She Had Consented For Purpose Of Adoption U/S 7 Of Hindu Adoption & Maintenance Act: Allahabad High Court

Live Law  

The Allahabad High Court has held that a wife's silence or lack of protest at the time of adoption by her husband cannot give rise to an inference that she has consented to such adoption under Section 7 of the Hindu Adoption & Maintenance Act, 1956. The concerned authority had rejected the adoption deed relied by the Appellant on the …

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