(Guest)

Personal Laws (Amendment) Bill, 2010 - A que. to FL Experts

News item:

"NEW DELHI: Women in India will now have equal rights in guardianship and adoption of children with the President giving assent to an Act to amend laws governing marriages in the country.

Parliament had recently passed the Personal Laws (Amendment) Bill, 2010 to amend the Guardians and Wards Act, 1890 and the Hindu Adoptions and Maintenance Act, 1956.

"The President assented to the Personal Laws (Amendment) Act, 2010 on August 31, 2010 and it is published in the Gazette of India as Act 30 of 2010 on September 1, 2010," an official statement said on Wednesday.

According to the Guardians and Wards Act, which applies to Christians, Muslims, Parsis and Jews, if a couple adopts a child, the father is the natural guardian.

The amendment to the 120 year-old Act allows the mother along with the father to be appointed as a guardian, making the process gender neutral.

The Act provides for the mother to be appointed as a guardian along with the father so that the courts do not appoint anyone else in case the father dies.

The second amendment in the Hindu Adoption Maintenance Act, 1956, (applicable to Hindus, Jains, Buddhists and Sikhs) aims to remove the hurdles in the way of a married woman to adopt and also give a child for adoption.

Presently, unmarried and divorced women as also widows are allowed to adopt a child but women separated from their husbands and engaged in lengthy divorce battles cannot adopt a child.

The new amendment would allow a married woman separated from her husband to adopt with the consent of her husband even during the time of divorce proceedings.

However, if he changes his religion or is declared to be of unsound mind, no consent from the estranged husband will be required."

Now a aam adami's take on abv. News: "What a stupid comedy of an Amendment this is !."

"The new amendment would allow a married woman separated from her husband to adopt WITH THE CONSENT OF HER HUSBAND even during the time of divorce proceedings. However, if he changes his religion or is declared to be of unsound mind, no consent from the estranged husband will be required. "

So now to adopt the wife will have to prove that the husband is of unsound mind or he has changed his religion or his consent all the while when they are fighting a bitter divorce ?

WOW, WHAT AN AMAZINGLY PROGRESSIVE AMENDMENT!! Looks like the feminists are also being thrown stale biscuits these days like the Men are. Which husband would ever agree to this and what is the use of this amendment is beyond my understanding.

A question to Mr Prabhakar, Advocate, D HC:

Que. 1: Your wisdom on above News item if you may like to give since you are expert in Family Law here?

Reply Follow

10 Replies

Unbiased Advice (Advocate) 02 September 2010

Mr.Arun,

I would like to add to what you have said unfortunately all these recommendations comes from men in the form of Judges and Legislatures,

what do you say these feminist groups are sharing Bed with the Law makers?

(Guest)

1. No comments
2. You are advocate so you can get away with whatever you like to say in public forum but I am a common man and that also party-in-person in 16 cases so I don't want to take your headache of adding 1 more case unbiasedly :-|||||
3. BTW ld. advocates visit Lordships Chambers more than a common man so you must answer further :-)

Arup (UNEMPLOYED) 02 September 2010

WITH THE CONSENT OF HER HUSBAND or WITHOUT THE CONSENT OF HER HUSBAND ?

WIT OR WITHOUT? PLEASE CHECK.

(Guest)

A second take from a aam adami: "If this type of ammendments will keep happening..days are not far when amendment will come for wife to get interim conjunal rights.....why not aftrer all is she not a errant person before the only eyes of COI "

"ISKI BIBI USKE GHAR" will be in Personal Laws (Amendment) Bill, 2012

amrita (Mngr) 05 May 2011

Hi,

I would say this amendment does not help women who are separated and undergoing divorce. I am facing this problem myself. Separated, undergoing divorce but the guy refuses to give me consent for adoption. This is totally totally absurd. Why should i get a permission from the guy whom i am not going to stay connected in future, who is not going to beinvolved with the upbringing of the child, who is not going to contribute to anything in the childs' life. I wonder what is the idea behind this amendment?

(Guest)

Just my thoughts,

1.Husband, wife going through divorce proceedings ..meanwhile wife adopts a child without husband's consent for any reasons. Wouldnt he (husband) be un-necessarily burdened with Child's maintenance/ responsibility as well by law?

2.Errant husband / wife wants to live on their own (separately from spouse) after adoption of child. If this consent is not required then more and more marriages where spouses are separated would take route of adoption, and more and more adopted child would grow under single father/ mother. Wouldnt this affect overall to adopted childrens ?

amrita (Mngr) 06 May 2011

1. How would be the husband be burdened when he is not signing any papers in the court for adopting the baby? The application for adoption is as `Single Parent'. Even if I decide not to go for divorce and decide to live with him, he still has to adopt the baby and become father.

2. Lets say if he gives the consent, does that make the baby's upbring any different. If you look at hte the number of children waiting for adoptions, in India, it is better to have `Single Parent' than ` No parent'. As far as the upbring of the child is concerned, the adoption agency makes sure that the child's requirement s are met by the Single parent. Only and Only if they are convinced they give the child for adoption.

Tajobsindia (Senior Partner ) 06 May 2011

Originally posted by :amrita
"	1. How would be the husband be burdened when he is not signing any papers in the court for adopting the baby? The application for adoption is as `Single Parent'. Even if I decide not to go for divorce and decide to live with him, he still has to adopt the baby and become father. 2. Lets say if he gives the consent, does that make the baby's upbring any different. If you look at hte the number of children waiting for adoptions, in India, it is better to have `Single Parent' than ` No parent'. As far as the upbring of the child is concerned, the adoption agency makes sure that the child's requirement s are met by the Single parent. Only and Only if they are convinced they give the child for adoption.	"

I totally differ to your put forward two views;

1. Say a couple living un-harmoniously is the situation and against that backdrop if wife adopts a child how come the husband can ever shrug off his responsibilities? Havenot heard illegitimate and adopted child a father can shrug off his responbilities even under S. 125 CrPC intent and object read with Amendments of the Code. Second in first para of your views you are contradicting your first sentence by adamantly pushing husband to adopt in second sentence whereas it is the wife whom you are saying will be adopting !

2. Now, here is a similar situation, say if he gives the consent the upbringing will be different to the most crucial societal point that the child will HAVE A FATHER and not live like a FATHERLESS child and there is huge difference between these two protections given by a DAD or PAPA and or FATHER kindly understand the importance of a FATHER first of all. If you know personally of an Adoption Agency which just sees single parent criteria and gives children for adoption then just immediately send their complete address I will like to take them for some good legal rides and I am not talking here of Sushmita and other celebrities adoption Page 3 cases mind it.

1 Like

amrita (Mngr) 10 May 2011

Thanks for your reply. Excuse my saying but you sound very anti-women.

Let me cut paste the following para which i googled............

--------------------------------------------------------------------

Who can claim maintenance u/s 125 of CrPC?

A. The following can claim maintenance u/s 125 irrespective of their religion;

Wife if she is unable to maintain herself,
Legitimate or illegitimate minor child, whether married or not, who is unable to maintain himself or herself
Father or mother who is unable to maintain himself or herself

Q. Is there any limitation period for making an application for maintenance?

A. No.

Q. Under what conditions is a wife not entitled to maintenance u/s 125?

A. No wife shall be entitled to receive an allowance from her husband if:

She is living in adultery, or
Without any sufficient reason she refuses to live with her husband, or
They are living separately by mutual consent.

---------------------------------------------------

The situation here is .

currently living separately after the 1 motion. Divorce is by mutual consent. No maintenance asked here.

Are you saying that after the 1st motion, if one adopts, the unwilling party has to pay for maintenance of the child. I have my doubts. You can confirm this if you are a lawyer.

Tajobsindia (Senior Partner ) 10 May 2011

Originally posted by :amrita

Thanks for your reply. Excuse my saying but you sound very anti-women.
---------------------------------------------------
The situation here is.
currently living separately after the 1 motion. Divorce is by mutual consent. No maintenance asked here.
Are you saying that after the 1st motion, if one adopts, the unwilling party has to pay for maintenance of the child. I have my doubts. You can confirm this if you are a lawyer.
Take:
1. Thank you for acknowledging my core views here. Yes I am against gender biasness of Laws where what a woman especially metro wifes says in court is taken as gospel truth and husband has to prove his innocence all along and end of it he gets what NOTHING.
Anyhow read further;

2. In your presented situation, first of all no one cares to adopt as soon as 1st. Motion is over as first priority is to get over from IT for which she has come for motion(s). Also note in MCD there are two motions which probably even you might be aware of. Any authorised Adoption agency are no fools to give kid for adoption when 1st. motion going on, for the same read CARA Guidelines which is binding pan India!
3. Even after Decree and Appeal period are over if one of the party adopts the other party has nothing to do with it.
I need not have to check on that I regularly deal such situations in various Courts!
However I have a feeling, may be we both could not get on the right wavelength to understand each other's point of interest on this Amendment Bill J