LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

anuradha goyal (member)     08 November 2011

Custody of adopted child

A couple adopts a girl child.However after few years matrimonial relations end up. Now who is entitled for custody of adopted girl child.After adoption of girl child wife conceives and a male child was born



Learning

 8 Replies

sridhar pasumarthy (ADVOCATE)     08 November 2011

Dear Anuradha,

The court will give paramount consideration for the welfare of the child in deciding the custody of a child.

However, if the child is below 5 years, normally mother will be given preference.


(Guest)

Dear author,

While asking any remedy regarding child custody, you please mention as our daughter,not as adopted daughter.After adoption she is your daughter like your own son.

 

 

 

 

[This is a reply from a non-legal human being.]

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     09 November 2011

Agreed with Goodgirl,

 

Now the relationship is equivalent to natural born child, and hence the custody would be decided on merits as per the welfare of the child principal.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Rudra Kumar Dey (Advocate In Supreme Court of India)     10 November 2011

Agreed with Mr. Kapoor, law of custody remain same for adopted and biological child and has to be decided on marit .


(Guest)

Dear Anuradha,

Suggest you to try to rejoin as a matter of future of both of your childs.

See, Court/ Police/ Advocates are not a good thing's to follow with them unless no other way or option with us.

So please take a best decision wrt future of both of your child's.

Any child need's both MAA & PAA, So understand that point.

Try to re-concile with him, If possible. keep it in first preference.

 

Regard's

Abhinatre Gupt.

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     13 November 2011

mother will have custody, unless she is unfit , financially, healthwise  or unable  otherwise

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     13 November 2011

I don't agree with Mr. Shroff, the party has to show his capacity and welfare of the child and not necessary show other person as unfit.

 

 

Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

Rudra Kumar Dey (Advocate In Supreme Court of India)     14 November 2011

That's what we have all ready mentioned on merits. Child's welfare is the top most.

Not to make a ground of arguments and not to confuse the non-legal persons.

thanks


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register