Can removal of Uterus due to ovarian cancer amount to cruelty to husband for grant of divorce? Madras HC answers
Madras High Court held that the period of treatment the wife has taken from the parental home cannot be termed as desertion.
Adoption
Right to privacy of unwed biological mother prevails over the adoptee’s right to know his roots: Calcutta High Court
Calcutta High Court held that petitioner’s delay in initiating the root search impacts the availability of certain documents, and no penal action can be taken against the adoption agency for the absence of the surrender deed.
Supreme Court issues directions to streamline adoption process under Juvenile Justice Act
“Generally, prospective adoptive parents have to wait for 3-4 years for getting ‘a healthy and young child’ due to the huge mismatch in the number of registered PAPs and children available for adoption.”
Never Reported Judgment | Hindu law only requires giving and taking of child with intent to adopt; no separate declaration required: SC [1951 SCC 1050]
This report covers the Supreme Court's Never Reported Judgment dating back to the year 1951 on requirements of adoption under Hindu Law.
JJ Act recognises a Single Parent to be eligible for being an Adoptive Parent; Bombay High Court allows single working women to Adopt a Child
The Court said that the comparison done by the Competent Court between the biological mother being a housewife and the prospective adoptive mother (single parent) being a working lady reflects a mindset of the medieval conservative concepts of a family.
Karnataka High Court comes to the aid of an aging couple wishing to have child via surrogacy; Evolves a three- pronged eligibility test
The High Court was hearing a petition filed by a couple aged 57 and 45 years, who had lost their son to road accident, and wanted to re-experience the bliss of parenthood via surrogacy but were barred by certain provisions of Surrogacy (Regulation) Act, 2021.
Supreme Court February 2023| Full strength of 34 judges; AIBE; Decriminalisation of adultery; Compensation for bad haircut; DNA test in Divorce cases; and more
This roundup revisits the analyses of Supreme Court’s judgments/orders on validity of AIBE; ex-communication of Dawoodi Bohras; decriminalisation of adultery; permissibility of DNA test of children to prove allegations of adultery; and more. It also covers reports on the career trajectory & important decisions of Justice Surya Kant and Justice Dipankar Dutta and the newly appointed 7 judges of the Supreme Court; Explainers on important law points; and Cases Reported in SCC Weekly in the month of February.
Jharkhand High Court acknowledges customary provision for adoption of child in Santhal Community
Jharkhand High Court refused to disturb the findings of Trial Court and Appellate Court in a title suit for succession by an adopted son, whose adoption was questioned on the ground of customary provisions of Santhals.
Supreme Court strikes balance; 20-year-old pregnant woman’s child to be adopted by couple registered with CARA
The woman lost her father during the Covid-19 pandemic and her mother is unwell. She also has a married sister, 10 years older to her. However, all of them showed their inability to raise the child.
Child adopted by government servant’s Hindu widow, after his death, not ‘family’ under the CCS (Pension) Rules: Supreme Court
The bench of KM Joseph and BV Nagarathna, JJ has held that the definition of ‘family' under the Central Civil Services (Pension) Rules, 1972 is a restrictive and specific one and cannot be expanded to take within its sweep, all heirs, as provided under Hindu law, or other personal laws.
[JJ Amendment Act, 2021] Bombay High Court stays the change of exclusive jurisdiction over all adoptions including foreign adoptions from Courts to DM
The petition was filed challenging the vires of the Juvenile Justice (Care and Protection of Children) Amendment Act 2021 to the extent that the word ‘Court’ is replaced with ‘District Magistrate’
Delhi High Court | Validity of adoption can neither be doubted nor questioned merely on an asserted ’possibility of irregularity’
If a failure on the part of a resident Indian be the cause for a child being made available for inter-country adoption, that cannot possibly be viewed as constituting a valid or cogent ground to either doubt the validity of the adoption or question the integrity of the adoption process.
What is the legal validity of an unregistered agreement for adoption entered between biological parents of an unborn child and the adoptive parents? Karnataka HC answers
A curious case presented itself before the Karnataka HC wherein they deliberated over an agreement for adoption entered between the biological parents and adoptive parents, when the child was still unborn.
Allahabad High Court rejects claim of compassionate appointment after 27 years delay of adopted son
Allahabad High Court: Saurabh Shyam Shamshery, J. dismissed a writ petition filed for claiming compassionate appointment stating that compassionate appointment cannot be
Supreme Court July 2022 Roundup| PMLA constitutional; Bail Act; Abu Salem’s scheduled release; Unmarried women’s right to abortion; and more
Top Stories Your cheat sheet to Supreme Court’s 545 pages long Money Laundering verdict The 3-judge bench of AM Khanwilkar, Dinesh Maheshwari
Mother, being the only natural guardian after biological father’s death, can decide child’s surname; can even give the child in adoption: SC
“When a child takes on to be a kosher member of the adoptive family it is only logical that he takes the surname of the adoptive family and it is thus befuddling to see judicial intervention in such a matter.”
Chhattisgarh High Court entitles father-in-law to pay maintenance; “Estate of the husband can be preferred to claim over the estate of father or mother of daughter in law”
Chhattisgarh High Court: A Division Bench of Goutam Bhaduri and Deepak Kumar Tiwari JJ. entitled father-in-law to pay maintenance to widowed daughter-in-law
Kar HC | In the absence of any declaration that the child is deserted by his biological or adoptive parents or guardians; no offence can be made out under S. 80 JJ Act
Karnataka High Court: Hemant Chandangoudar, J., allowed the petition and quashed the impugned proceedings initiated against alleged offence under Section 80 of
Merely because an accused is a Muslim, governed by personal laws, can be debarred from availing rights under Juvenile Justice (Care and Protection of Children) Act, 2000? Delhi Court answers
Patiala House Courts: In a matter for grant of custody parole, Dharmender Rana, ASJ-02, held that, merely because the accused is Muslim
Adoption (Amendment) Regulations, 2021 notified to ease the process of inter-country adoptions
The Central Government notifies the Adoption (Amendment) Regulations, 2021 to amend the Adoption Regulations, 2017 in order to make inter-country adoptions easier.