guardianship cancellation
Advocate.S.A.Siddiq
(Querist) 13 October 2010
This query is : Resolved
In a Muslim family
The elder sister had no child. she is a state Govt employee. The younger sister gave her female child to elder sister with the consent of her husband.
The elder sister got the exparte order from court as a legal guardian (she particularly mentioned '(abondent child))
and also falsely create adoption deed before notary.she entered the child name in her service register as a adopted child
Now natural parents want to claim their rights and cancell the guardianship order ? What is the right procedure can you help me?
adv. rajeev ( rajoo )
(Expert) 13 October 2010
Let the parents file a suit for declaration and injunction to set aside the adoption deed.
s.subramanian
(Expert) 13 October 2010
At the outset,I would like to state that Muslim law does not recognise Adoption in any form at all. The Muslim Law denounces the principle of adoption. The court's decree approving such adoption is illegal and imcompetent and violative of Mohamedan law. The natural parents continue to be the parents of the child and nothing can prevent them from taking over the child .The so called decree of the court is non est in the eye of law. It is null and void ab initio.
Kirti Kar Tripathi
(Expert) 13 October 2010
i completely in agreement with Mr. Subramanan. Muslim law does not recognize adoption.
G. ARAVINTHAN
(Expert) 14 October 2010
Adoption not possible ok
What about acknowledgement of Paternity?
Advocate.S.A.Siddiq
(Querist) 14 October 2010
dear experts
in this case, the elder sister entered the child name in Govt.Service Register as adopted child( nominee) , it is correct or not ?
Further I ask one more question- kidly explain guardianship rights and limitation .
R.Ranganathan
(Expert) 14 October 2010
For cancelling the order of the court, the natural parents have to prove before the court that the child is theirs and also why all these years they were keeping silent and allowing the elder sister to have custody of the child. The query also requires some clarifications.
pawan sharma
(Expert) 14 October 2010
i.in Muslim law adoption kown as acknowledgement.
on this point i am not agree with Mr.s.subramanian and Tripathi but concur with Mr.Aravinthan.
Q.this child adopted with her husband consent?
Advocate.S.A.Siddiq
(Querist) 15 October 2010
Dear sir
Kindly differ between "Guardianship and Adoption"
As per mohamedanlaw adoption is void. Guardinaships are valid.
Patternity was proved.
Advocate.S.A.Siddiq
(Querist) 15 October 2010
Dear sir
Kindly differ between "Guardianship and Adoption"
As per mohamedanlaw adoption is void. Guardinaships are valid.
in this case Patternity was proved.
