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HEMANT CHANDANGOUDAR
Afreen D/o M D Faqruddin – Appellant
Versus
Sub Registrar Office At Yelahanka, Bengaluru – Respondent
ORDER :
Hemant Chandangoudar, J.
The petitioners are seeking a writ in the nature of Certiorari to quash the endorsement dated 11.11.2024 issued by Respondent No.1 rejecting the online Application bearing No. PRP-11112024-6359973 for the registration of the adoption deed dated 11.11.2024. The petitioners seek a writ in the nature of mandamus directing the respondents to consider their application for registering the Adoption Deed dated 11.11.2024.
2. Respondent No.1 has issued the impugned endorsement, stating that the application is incomplete as the biological father of the child to be adopted is not mentioned as an executing party. The primary issue raised in this petition is whether the consent of the biological father of a child born out of rape who is also the accused in the rape case is required, in addition to the consent already provided by the minor victim mother and her guardian, for the purpose of giving the child up for adoption.
3. Petitioner No.1 is a Muslim minor and the victim of rape, as well as the biological mother of the girl child, who was 51 days old at the time of filing this petition. Petitioner No.2 is the mother and legal guardian of Petitioner No.1. Petition
The consent of a biological father, who is a rape convict, is not required for the adoption of a child born to a minor rape victim, affirming the mother's right to give the child up for adoption.
The biological father's consent is not required for the adoption of a child born from sexual assault when the mother is a minor, prioritizing the child's welfare and the mother's status as the natura....
The mother of an illegitimate child has the exclusive right to give the child in adoption without the biological father's consent if he is absent, as per the provisions of the Hindu Adoptions and Mai....
The judgment established the principle that an agreement for adoption of an unborn child is invalid and not permissible under the principles of Mohammedan Law. It emphasized the welfare of the child ....
(1) Adoption – Concept of adoption is only to facilitate permanent care and protection of child within walls of a family.(2) Allegation of collusion cannot be basis for court to interfere with adopti....
Adoption - Applicability of JJ Act, 2015 - Adoption of child can be undertaken under the provisions of the JJ Act, 2015, only if the child is either in conflict with law or in need of care and protec....
The main legal point established in the judgment is that the Juvenile Justice (Care & Protection of Children) Act provides a mechanism for adoption without any restriction on religion, and personal b....
The court ruled that adoption should be allowed despite the parents' ineligibility under Regulation 5(8) due to the child's best interest and established emotional ties.
The main legal point established in the judgment is the validity and legality of adoptions claimed under the Hindu Adoption and Maintenance Act, 1956, and the inapplicability of the Juvenile Justice ....
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