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IN THE HIGH COURT OF ORISSA AT CUTTACK
R.K.PATTANAIK
Durga Sankar Behera – Appellant
Versus
Pallisri Mahila Samiti – Respondent
| Table of Content |
|---|
| 1. factual background of adoption case (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments challenging the refusal of adoption (Para 8 , 9 , 10) |
| 3. discussion on adoption regulations and eligibility (Para 11 , 12 , 13) |
| 4. court's concern for child's welfare (Para 14 , 15 , 16) |
| 5. extraordinary jurisdiction invoked for child's interest (Para 17 , 18) |
| 6. final decision permitting adoption (Para 19 , 20 , 21) |
JUDGMENT :
1. Instant revision in terms of Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter referred to as ‘the Act’) is at the behest of the petitioners assailing the correctness, legality and judicial propriety of the impugned order dated 19th December, 2017 under Annexure-1 passed in connection with C.M.A. No.39 of 2017 by the learned District Judge, Kendrapara, whereby, an application under Section 58 (3) thereof filed by them and the opposite party seeking adoption order of a minor child was dismissed on the grounds inter alia that the same is not sustainable in law and therefore, deserves to be interfered with and set aside in the interest of justice.
3. The petitioners are related as husband and wife and permanent resident of Kendrapa
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.
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 court emphasized the importance of considering and applying the relevant legal provisions, such as those in the Juvenile Justice Act and Adoption Regulation, in transnational adoption cases.
(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....
(1) Statutory requirements - Competent Court was required to verify whether the statutory requirements were complied with and, after scrutinising the record of the proceedings, form an opinion as to ....
The retrospective application of adoption regulations must consider individual circumstances, especially for parents of children with disabilities seeking to adopt a normal child.
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 ....
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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