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setaside expartee guardianship order

(Querist) 24 November 2010 This query is : Resolved 
In a muslim natural parents ( H & W) wants to setaside the expartee order of guardianship passed by the District court.
What is the right proceedure to setaside the expartee order ? And claim their chid from adopted parents ?
Khaleel Ahmed Mohammed (Expert) 24 November 2010
Adoption is illegal in Islam.If any exparte orders passed by the court. The natural parents may file appeal in High Court. Further such order can be challenged in the High Court through writ petition.
Devajyoti Barman (Expert) 24 November 2010
Right
Kirti Kar Tripathi (Expert) 25 November 2010
Mr. Khaleel is absolutely right.
Advocate.S.A.Siddiq (Querist) 27 November 2010
one child by name fathima born to mr. mrs. rasool family (as second child). After the birth of fathima mr. rasool handed over fathima to one mohamed and family, who are not having children and requested Mr. mohamed to return his daughter fathima. Accordingly fathima is with Mr. mohamed and family.

Now Mr. rasool wants to take back his daughter. adoption deed made before 8 years. But Mr. mohamed is refusing to give custody of fathima.

At the same time Mohamed family got the guardianship order (expartee) from district court. Now rasool wants to set aside the court order passed by district court , and take back the child.

Those are belonging from Muslim Family, Rasool wife and Mohamed wife are Sisters.

So How to solve this problem
Khaleel Ahmed Mohammed (Expert) 27 November 2010
You are advised to file appeal before High Court.
You can file a civil suit to declare the adoption deed as null and void as adoption is not allowed in Muslim law. The executed deed shall stand cancelled, as it voilated the shariath law.
You can file a writ petition before the High court to challenge the validy of the adoption deed executed ,which voilates the shariath law.


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