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2022 Supreme(Kar) 494

B. VEERAPPA, K. S. HEMALEKHA
Shahistha, W/o Fayaz – Appellant
Versus
State, Represented by LPO – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Smt. Haleema Ameen, Advocate
For the Respondent: Sri. Vijayakumar A. Patil, A.G.A., Along With Sri Kiran Kumar, H.C.G.P.

JUDGMENT :

B. VEERAPPA, J.

The biological parents, i.e. appellant Nos.3 and 4 and alleged adoptive parents, i.e. appellant Nos.1 and 2 entered into unregistered agreement of an 'unborn child' in the form of adoption, jointly filed the present appeal against the judgment and decree dated 31-5-2022 passed in G & W.C. No.9 of 2021 on the file of the Additional Senior Civil Judge, Udupi, dismissing the petition filed under Sections 7 to 10 and 25 of the Guardians and Wards Act, 1890 (for short, 'the Act').

I. Facts of the case

2. Appellant Nos.1 and 2 filed the petition before the trial Court under the provisions of Sections 7 to 10 and 25 of the G & W Act to grant permission to appoint them as the adoptive parents and guardians of a minor child, by name Inshu. Appellants Nos.3 and 4 are the biological parents of the said child. The child was born on 26-3-2020. Since appellant Nos.1 and 2 were childless and appellant Nos.3 and 4 were unable to look after the child due to poverty, appellant Nos.1 and 2 adopted the child. After adoption of the child, appellant Nos.1 and 2 have looked after raised the child for two years as their own daughter with love and affection. The respondent-State repr

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