Adoption

Mukesh Deswal (Querist) 16 November 2017 This query is : Resolved
A four day old child was given in adoption. The child is now three years old. The natural mother has come to know that the adoptive parents are ill treating the adopted child (which includes giving physical injuries). She needs the custody of the child back.
The adoption was valid in all respects and as an adoption deed can not be revoked, what remedy does this woman have in the present circumstances? Please share your valuable suggestions.

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Guest (Expert) 16 November 2017
A Police Complaint with evidence for the ill treatment would fetch the remedy

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Vijay Raj Mahajan (Expert) 16 November 2017
In case of Hindus, the valid adoption cannot be cancelled as provided under section 15 of the Hindu Adoption and Maintenance Act,1956, the biological mother who had given the minor child on adoption can always seek intervention of civil court under section 7 of the Guardians and Wards Act,1890 to appoint her the new guardian of the minor child keeping the welfare of the minor as paramount consideration on the basis of facts and circumstance of the case. By this manner the physical custody of the minor child can be obtained by the biological mother till the time the court so decide to maximum the age of majority of the minor child. Although the child shall remain the adopted child of the adoptive parents and shall have complete rights in their property and will be using their name for all legal purposes, the guardianship and custody shall be with the biological mother to protect the child from any harm that is being said to be inflicted by the adoptive parents as stated here.

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Mukesh Deswal (Querist) 16 November 2017
Thankyou Mr. Raj Kumar and Mr.Mahajan

Mr. Mahajan does that mean that in case the natural mother gets the physical custody of the child than the child can also seek maintenance allowance from the legal parents till achieving majority?

Vijay Raj Mahajan (Expert) 16 November 2017
Yes the right to claim maintenance is from the adoptive parents for the minor child.

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Mukesh Deswal (Querist) 16 November 2017
The act says, the jurisdiction is with the District Judge, would that mean the District Judge (Family Court) or just the DJ?

Rajendra K Goyal (Expert) 16 November 2017
Well advised by the expert Vijay Raj Mahajan, agree to it.

Advocate Bhartesh goyal (Expert) 16 November 2017
I completely agree with the views expressed by Vijay Raj Mahajan.

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