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AUGUSTINE GEORGE MASIH, SANDEEP MOUDGIL
Richa Gupta – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. petitioner's factual background and circumstances of the case. (Para 1 , 2 , 3) |
| 2. details about the alleged illegal adoption process. (Para 11 , 12 , 13) |
| 3. arguments presented regarding the adoption laws. (Para 14 , 15 , 16) |
| 4. court observations on statutory provisions and procedures. (Para 18 , 19 , 20) |
| 5. final ruling that the adoption is invalid and custody is returned to the mother. (Para 92 , 96 , 111) |
JUDGMENT
Sandeep Moudgil, J. - The jurisdiction of this Court under Article 226 of the Constitution of India was invoked by the petitioner for the issuance of a writ in the nature of habeas corpus for the release of her son, Advait Gupta, who was stated to be in illegal and unlawful custody of respondents No.5 to 9, specifically respondent No.7-Minakshi Gupta, who claims to have legally adopted the child, with the consent of her husband, Sai Kiran (who is not party to the lis).
2. Before adverting to the legal question involved in the instant petition, facts in brief as have been unfolded before this Court are that the marriage of the petitioner was solemnized with Adesh Gupta on 27.05.2017 and out of the said wedlock, one son, namely, Advait Gupta was born on 01
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....
Inter-country adoptions under HAMA require a No Objection Certificate from CARA, and the Juvenile Justice Act does not apply to such direct adoptions, creating a need for procedural clarity.
The Juvenile Justice Act does not cover adoption procedures for foreign citizens, emphasizing the necessity of local law compliance for such adoptions.
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 ....
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 ....
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....
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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