HAMA Archives

Can adopted child’s biological family claim share in his property as legal heirs? Madras HC answers

Madras High Court said that the adoptive child is construed to be a member of the adopted family, all the ties of the child are replaced in the adoptive family created by adoption

Case Briefs High Courts

Magistrates should specify whether maintenance is ordered under CrPC or HAMA while dealing with Domestic Violence matters: Kerala HC

“For the reason that the parties are Hindus, one cannot assume that the order of maintenance is in recognition of the right under HAMA, for, Section 125 CrPC is secular and applicable to all.”

Case Briefs High Courts

‘Marital status of woman cannot be the determining factor for giving her child in adoption’, Madras HC sets aside Registering Authority’s order refusing to register adoption deed

Madras High Court said that the reason given in the impugned refusal check slip reveals the patriarchal mind set of the registering authority, giving an underlying assumption that an unmarried woman above the age of 18 years cannot give her biological child in adoption.

Case Briefs High Courts

Bombay High Court sets aside order for custody of a minor child back to biological parents; directs Trial Court to decide validity of adoption

The biological parents first decided to give their child in adoption due to the financial crisis during COVID-19 pandemic but decided to take their son back after discussion with their respective families.