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C. S. DIAS
Lijo Stephen Chacko – Appellant
Versus
Union Of India Rep. By Principle Secretary, Ministry Of Women And Child Development, Govt. Of India, New Delhi – Respondent
JUDGMENT :
C.S.Dias, J.
Justice P.N. Bhagwati, who spoke for the bench in the celebrated case of Lakshmi Kant Pandey v. Union of India [(1984) 2 SCC 244], wherein the Hon’ble Supreme Court laid down normative and procedural safeguards for inter-country adoptions, cited John Milton’s words from Paradise Regained: “Child shows the man as morning shows the day.” The quote summarises the significance of a child in a man’s life.
2. The petitioner and his wife are the proud parents of a five-year-old adopted son. In their desire to give companionship for their son and have a daughter in their life, on 02.02.2021, they got registered on the designated portal of the Central Adoption Resource Agency ? the 2nd respondent ? named Child Adoption Resource Information and Guidance System (abbreviated as ‘CARINGS’). The petitioner was assigned with registration No. PrKA185999522. Recently, the 2nd respondent sent the petitioner the profiles of two children from Maharashtra and Karnataka. As the petitioner is a resident of Kerala, he believed that if he is referred to a child from Kerala, it would be easier to complete the adoption process. Accordingly, the petitioner chose to defer the acceptance of
The court ruled that the 48-hour period for reserving a child in adoption should start from the receipt of the medical report, emphasizing the violation of natural justice in the debarment process.
Point of law ; Rule 29(7) (c) of the Adoption Regulations, 2017 is also to the same effect. Section 61 of the Act, 2015, deals with the Court procedure and penalty against payment in consideration of....
The importance of following the procedures outlined in the Juvenile Justice Act, 2015 and the Rules, 2018 to protect the best interest of the child throughout the adoption process.
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 that the adoption process for Inter-Country Adoption must comply with the Hague Convention and the Regulations for Inter-Country Adoption, and the ....
Scope of Juvenile Justice Act, and inapplicability of the same to the adoptions made under the HAMA Act were noticed and elaborately dealt by a Division Bench of Kerala High Court and the Punjab and ....
Post-2022 HAMA relative adoption by parents with foreign citizenship treated as expatriate: District Magistrate verifies under Reg 69, Authority issues NOC under Reg 70 without receiving country prio....
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