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Showing posts with label adoption of child. Show all posts
Showing posts with label adoption of child. Show all posts
Thursday, 7 May 2026

Transfer Of Adoption Powers To District Magistrates Valid: Bombay High Court Upholds 2021 Juvenile Justice Act Amendment

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 We have noted that though the Bombay High Court had  granted stay to the transfer of pending adoption matters to the  District Magistrate, ...
Sunday, 14 September 2025

District Judge interview Prep: Judicial Oversight in Adoption of Child : What Every District Judge Should Know about HAMA and JJ Act?

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  Question 1 Explain the current status of the Bombay High Court’s stay order on transferring adoption cases from courts to District Magis...
Tuesday, 24 June 2025

Supreme Court: Under which circumstances, adoption of child is not proved even though it was through registered adoption deed?

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    Adoption Deed was registered, the presumption under Section 16 of the Act of 1956 attached to it and it was for Defendant No.1 to rebut ...

Supreme Court: How to prove execution of will as per Section 69 of the Indian Evidence Act, 1872?

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 For the purposes of Section 69 of the Evidence Act, it is not enough to merely examine a random witness who asserts that he saw the attesti...
Tuesday, 3 June 2025

Legal Consequences of Adoption of child : Inheritance Rights in the Natural and Adoptive Families

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Under Indian law, an adopted child cannot claim a share in the property of their natural (biological) parents after adoption. The adoption ...

Checklist for Judges of necessary pre- requisite for passing order of adoption of child as per provisions of Hindu adoption and maintenance Act

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Based on the provisions of the Hindu Adoption and Maintenance Act, 1956, here is a comprehensive checklist of prerequisites for passing an o...
Wednesday, 22 January 2025

Supreme Court: Adoption By Widow Would Relate Back To Date Of Husband's Death, gift deed executed by widow will be held null and void

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 It is the said finding of the trial Court that was set aside by the High Court in the first appeal with respect to the alienation under the...

Supreme Court: Sale Deed Executed After Adoption By Mother For Pre-Adoption Property Binding On Adopted Child

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 Obviously, in the case on hand, the factum of adoption of the Appellant/the Plaintiff by Defendant No. 1 after the death of adoptive father...
Monday, 25 November 2024

Navigating the Adoption Process in India: Legal Framework and Procedures

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 Adoption in India is governed by a complex legal framework primarily consisting of the Hindu Adoption and Maintenance Act, 1956 (HAMA) and ...
Friday, 8 March 2024

What basic principles the court should follow while deciding child custody dispute?

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Principles governing custody of minor children 53. In our judgment, the law relating to custody of a child is fairly well-settled and it is ...
Saturday, 10 February 2024

Important highlights of SC Judgment Supriyo @ Supriya Chakraborty & Anr. v. Union of India (2023 INSC 920)

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  1. No Fundamental Right To Marry. The Supreme Court unanimously held that there was not fundamental, unequivocal right to marry in India. ...
Monday, 18 December 2023

Supreme Court: Child Adopted By Widow After Death Of Govt. Employee Not Entitled To Family Pension

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 It may also be appropriate to refer to the decision of this Court in Poonamal v. Union of India, MANU/SC/0359/1985 : (1985) 3 SCC 345, wher...
Friday, 15 December 2023

Case Note: Supriyo @ Supriya Chakraborty & Anr. v. Union of India (2023 INSC 920)

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Findings of the court Dr. D.Y. Chandrachud, C.J.I. (i) The following were conclusions of this court: a. This Court was vested with the autho...

What are essentials of valid adoption of child as per provisions of Hindu adoption and maintenance Act?

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  S 6 of Hindu Adoption and maintenance Act:- Requisites of a valid adoption.— No adoption shall be valid unless— ( i ) the person adopting ...
Saturday, 2 December 2023

Important provisions of Hindu Adoptions and Maintenance Act, 1956 regarding adoption of child

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  3. Definitions .—In this Act unless the context otherwise requires— ( c ) “minor” means a person who has not completed his or her age of e...
Sunday, 3 September 2023

Under which circumstances the court must relegate parties to adoption petition to substantive suit?

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   The civil court rejected the petition on two grounds firstly that the biological parents have taken objection for giving the child in ado...

Whether the court can entertain miscellaneous application after disposal of main petition?

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   The adoption petition was disposed of on 16th March, 2022 and Misc. Application was filed on 18th August, 2022. The provisions of Order 2...

Whether government circular have overriding effect over statutory provisions?

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   As regards the Government Circulars relied upon by learned counsel for the respondents, the circular dated 15th May, 2015 provides that a...

Whether it is mandatory to register adoption deed?

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 The civil court rejected the petition on two grounds firstly that the biological parents have taken objection for giving the child in adopt...