adaption

Querist : Anonymous (Querist) 09 April 2011 This query is : Resolved
one of my friend is half insane.. she had delivered girl baby as soon as she delivered it was discovered that she is not supposed to feed the brest and the child was put to shishuvihar. her husband was induced by the shishuvihar members to give child to adaption. he insisted his wife and wife also consented when she was insane. adaption completed. now she wants child back. bcz of child her insanity is day by day increasing and whenever she turns to proper state she keeps insisting her husband as well as shishuvihar people. once her sister went on enquiry asking for child but she was informed by them that baby is sent other department since it is handicap. but it is not true. sister before giving for adaption also tried a lot avoid adaption.

can she get back her child. its going to be 3 years. any other option to get her child back pls do let me know. thank u

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Devajyoti Barman (Expert) 09 April 2011
Agreement with insane person is void agreement. So she at any point of tine challenge such adoption and get back her child. She should not waste time any more.

Kirti Kar Tripathi (Expert) 09 April 2011
insanity can be of two type. one permanent another temporary. Any contract entered with an insane person is void. from your query, it appears that the child was given for adoption during the temporary insanity of wife, thus if it can be proved that at the time of adoption, she was in insane condition, the adoption can be challenged.

Jitendar Kumar gupta (Expert) 09 April 2011
Yes she can get the child. for this file a writ in the concerned High Court.
J.K.Gupta Adv.
Delhi
9868529732

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