Uncategorized December 13, 2022
The Act also does not apply to adoptions that took place before the effective date. However, it applies to any marriage that took place before or after the coming into force of the Act and, furthermore, if the wife is not Hindu, the husband is not obliged to pay maintenance under this Act under modern Hindu law.  A woman may live apart from her husband and always be cared for by him. This separation may be justified for a variety of reasons, including if he has another wife, if he has converted to a religion other than Hinduism, if he has treated her cruelly, or even if he has a violent case of leprosy.  In this case, the Privy Council noted that the basis of the Brahmanic doctrine of adoption is the duty that every Hindu owes to his ancestors to ensure the continuity of the lineage and the solemnity of the necessary rites. In that case, the adoptive mother requested a declaration of absolute right, ownership and interest in the property established by the adopted son, as well as an indefinite disposition order prohibiting her relatives, the defendant, from interfering in the occupation and possession of the property. According to the court, the mere fact that an allegedly adopted son allowed his adopted son, his adoptive mother and their family to live with him did not constitute proof of adoption. On the contrary, several facts refuted the adoption, such as the adopted son who treated his biological mother as his mother until his death, designated her as his candidate in the insurance policy, pension fund, etc., who performed the Shraddha ceremony of his biological father, and his own death, with his Shraddha ceremony performed by his brother. The Hindu Adoption and Maintenance Act applies only to Hindus.
There is no law on adoption by another religion, nor is there a legal provision for the adoption of a child by foreigners living abroad. This law is one of the most important laws protecting children`s rights during adoption. It protects women, children, the elderly and the infirm from life on the streets and from starvation. It guarantees that they are upheld by someone, and court decisions have further strengthened the law to make our rights and our articles much clearer. In the case of adoption, the father has a better right: no one may be adopted unless the following conditions are met: A three-judge panel of the Supreme Court, consisting of P. Sathasivam CJI, Ranjan Gogoi and Shiva Kirti Singh J.J., decided the case, which concerned the right to adoption under the Juvenile Courts Act 2000, of the 2007 Rules and the CARA Guidelines. The court ruled, referring to canon law, that adoption was recognized by canon law, but it would have to be proven that the child was an adopted child, and the same was done under civil law. It would also have to be proven that the parents obeyed the canon law that allowed the adoption, or that there was a custom in the family that allowed the adoption. Practice regarding the approval of transfers under section 29 – In this section, it has been mentioned that the guardian has permission to perform all the acts mentioned in this section, but that these are not granted by the court, except in cases of necessity or for a clear benefit to the ward.
The granting of the authorization by the court, the necessity or the benefit, as the case may be, may describe the property in respect of which the lawful act is to be performed, indicate, if any, the conditions that the court considers appropriate to attach to the permit, and it is registered, dated and signed by the court judge in his handwriting. or if for any reason he is prevented from holding the order with his hand, he must be removed from his dictation in writing and dated and signed by him. The court may, at its discretion, make the authorization subject to, among other things, the following conditions. If the woman has converted to another religion or renounced the world, her consent is not required for adoption. But the existence of a living woman is an essential condition for a Hindu man to adopt children. Child support is paid to provide assistance with the basic needs of daily living in the event that a person does not have the source or the ability to support himself. Only unmarried Hindu women can legally adopt a child. A married woman may give her consent to adoption only through her husband. A married woman whose husband adopts a child is considered a mother.  If the child is adopted and there is more than one woman in the household, the elderly wife is considered the legal mother of the adopted child.
 According to the Hindu Adoption Act, a Hindu may adopt a child only if he complies with the essential provisions prescribed in section 6 of the Act: In the absence of evidence that an adoption has taken place, it would be erroneous and inappropriate to make a declaration of adoption, particularly in cases where the application is made on the basis of an oral adoption. Payments related to adoption are prohibited under the Hindu Adoption and Maintenance Act (HAMA): the court held that the evidence in support of the adoption must be sufficient to discharge the heavy burden imposed on any person who attempts to supplant natural succession by applying for adoption. In this case, a letter from a lawyer was treated as a public interest, stating that voluntary and social organizations and agencies engage in wrongdoing by providing intercountry adoption services. The children ended up in poor conditions, were forced to beg and other terrible things. The case concerned the adoption of abandoned and destitute children living in children`s or social welfare institutions.