hindu adoption and maintenance act 1956 Archives

Maternal aunt’s emotional bond cannot override biological father’s right as natural guardian; Bombay HC grants custody to father

The Bombay High Court directed restoration of custody of a minor child to her father in habeas corpus proceedings, observing that emotional attachment with the maternal aunt could not override the father’s undisputed legal right without any evidence showing that custody with him would be detrimental to the child’s welfare.

Case Briefs High Courts

Gujarat HC: In absence of adoption’s registered document, adoptive parents must establish that child is adopted before 15 years of age with wife’s consent

“No case is made out by the petitioners that a custom or usage is applicable to them which permitted adoption of a person who has attained the age of 15 years.”

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.