A.N.VERMAS (lecturer ) 11 February 2013
WE THE HUSBAND AND THE WIFE LIVING SEPARATELY FOR THE LAST 2YEARS.MY 7 YEARS SON IS SUFFERING FROM CANCER. I AM HIS ONLY CARETAKER. ONE OF MY SON (1 YEAR) IS WITH MY WIFE. ONE OF MY FRIEND LIVING IN AUSTRALIA WANTS TO ADOPT MY SON.I CANT GET THE CONSENT OF MY WIFE.
1. CAN HE ADOPT A PARTICULAR CHILD FROM INDIA ?
2. WHERE SHOULD HE START ?
3. IS SOMEWHERE MY WIFE'S CONSENT IS ALSO NEEDED?
4. CAN SHE CREATE OBSTACLES ?
5. WHAT STEPS SHOULD I UNDERTAKE?
Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 11 February 2013
There is no law on inter-country adoptions in India, though there is a Supreme Court Judgment on this Laxmikant Pandey Vs. Union of India [AIR1984 SC469] which has laid down some broad guidelines governing such adoptions. In such a case the person seeking to adopt has to approach a social welfare agency in India via a Social Welfare Agency in his Country, who after being satisfied of his/her competence would endorse or forward the application. In your case wife’s consent would be necessary to effect the adoption.
Good Luck !
Bharat Chugh
https://www.advocatebharatchugh.wordpress.com
Vijyant Nigam (09807349001) (Advocate) 17 March 2013
the NRI must have a permanent address in India?
The NRI may file a Civil Miscelleneous case before the competent authority under TH E JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) AMENDEMENT ACT, 2006 ( No.33 of 2006 ) and their allied rules, where the NRI has permanent address in India or also at your place of residence, by making you and your wife as Opposite Party.
Court will issue notices to both father and mother. You will give no objection and if your wife won't appear, the case will be proceeded ex-parte and decided in favour and benefit of the child.
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