Adoption Archives | Page 2 of 3

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.

Case Briefs High Courts

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.

Case Briefs Supreme Court

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.

Case Briefs Supreme Court

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.

Case Briefs High Courts

[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’

Case Briefs High Courts

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.

Case Briefs High Courts

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.

Case Briefs High Courts

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

Legal RoundUp Supreme Court Roundups

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

Case Briefs Supreme Court

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.”

Case Briefs High Courts

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

Case Briefs High Courts

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

Case Briefs District Court

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

Legislation Updates Rules & Regulations

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.

Legislation Updates Rules & Regulations

Indian Diplomatic Missions must be informed in case adoptive parents moves abroad within 2 years of adopting child

The Central Government has notified the amendments to the Adoption Regulations, 2017, made by the Central Adoption Resource Authority vide Adoption (First

Case Briefs High Courts

Bom HC | Whether adoption can be restricted only to children in conflict with law, or in need of care and protection, or who are orphaned, abandoned or surrendered under provisions of JJ Act and Adoption Regulations? Elaborate report

Bombay High Court: Manish Pitale, J., while stressing upon the concept of adoption expressed that: The practice of adoption has been prevalent

Case Briefs Supreme Court

Children orphaned by COVID-19| No illegal adoption; no discontinuance of education: Here’s the list of Supreme Court directions

The information provided by the State Governments/Union Territories on the ‘Bal Swaraj’ Portal upto 05.06.2021 shows that there are 30,071 children who have become orphans or have lost one parent or abandoned.

Case Briefs High Courts

Jhar HC | Object of S. 125 CrPC is to ensure that a wife, minor children or helpless parents do not suffer in penury

Jharkhand High Court: Shree Chandrashekhar, J., addressed an issue with regard to maintenance under Section 125 of the Code of Criminal Procedure Code.

Case Briefs High Courts

Bom HC | A son, who had been given in adoption, cannot claim partition in property of his real father

Bombay High Court: M.G. Giratkar, J. dismissed a second appeal filed against the judgments of the lower courts wherein the partition suit brought by