JC Manohar (Others) 02 October 2016
My sister is a Hindu widow, aged 50, and reasonably self sufficient financially. She is looking at a Muslim baby girl for adoption. The natural parents have 4 children and have agreed to give this youngest child in adoption. Does this come under the Hundu Adoptions and Maintenance Act? If not, what other Act would be applicable in this case? What is the procedure to be completed in this regard? Thanks. Regards.
Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 02 October 2016
Sir,
Not under HAMA, but under muslim law.
Warm Regards
Kapil Chandna Advocate
9899011450
Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 04 October 2016
In a landmark judgment, the Supreme Court on Wednesday ruled that any person can adopt a child under the Juvenile Justice (Care and Protection of Children) Act 2000 irrespective of the religion he or she follows and even if the personal laws of the particular religion does not permit it.
"The JJ Act 2000 is a secular law enabling any person, irrespective of the religion he professes, to take a child in adoption. It is akin to the Special Marriage Act 1954, which enables any person living in India to get married under that Act, irrespective of the religion he follows. Personal beliefs and faiths, though must be honoured, cannot dictate the operation of the provisions of an enabling statute,"
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