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Showing posts with label adoption. Show all posts
Showing posts with label adoption. Show all posts
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 ...
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 ...
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...

Bombay High Court Orders Stay On Transfer of Adoption Cases To District Magistrates.

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  While considering interim relief, we must bear in mind the primary objective which is the interest of the children and infants who are to ...
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...
Tuesday, 23 May 2023

Whether order passed in an inquiry under O 22 R 5 of CPC is a decree?

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  In the present case, an application under Order XXII of the C.P.C. has been dismissed on the ground that the adoption deed was not execute...

Whether the court has jurisdiction to question registered adoption deed in collateral proceeding?

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 Coming to the merits of the case,  I find that the lower appellate court had rejected the application on the ground that the adoption deed ...
Sunday, 29 January 2023

Is a Child Adopted By Widow After the Death Of a Government Employee Entitled To Family Pension?

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It is necessary that the scope of the benefit of family pension be restricted only to sons or daughters legally adopted by the government se...
Saturday, 9 April 2022

Whether Child Adopted By A Widow is Entitled To Inherit Her Deceased Husband's Property?

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 There is decision of this Court on the subject and the said issue is covered by the decision in case of Banabai and others Vs. Wasudeo, rep...
Thursday, 13 May 2021

When should the Court consider a Child Born In Live-in Relationship as Child Born To a Married Couple?

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   It is for the woman to recognize and decide on recognition of fatherhood of child. If she chooses the preference to acknowledge the biolo...
Tuesday, 20 April 2021

Kerala high court directs all Family courts to mask adoptive parents' names while issuing the certified copies.

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  In order to protect the privacy of parties involved, the parties name shall be masked while uploading the judgment. Publishing the names o...