T.S.DOABIA, S.K.DUBEY
Lily Kutty – Appellant
Versus
State Of Madhya Pradesh – Respondent
T.S. Doabia, J.
"Every child has a right to love and be loved and to grow up in an atmosphere of love and affection and of moral and material security and this is possible only if the child is brought up in a family. The most congenial environment would, of course, be that of the family of his biological parents. But if for any reason it is not possible for the biological parents or other near relative to look after the child or the child is abandoned and it is either not possible to trace the parents or the parents are not willing to take care of the child, the next best alternative would be to find adoptive parents for the child so that the child can grow up under the loving care and attention of the adoptive parents. The adoptive parents would be the next best substitute for the biological parents." (AIR 1984 SC 469, Lakshmi Kant Pandey v. Union of India.)
1. A staff nurse of Kamla Raja Hospital, Gwalior thought of giving mother's love and affection to a female child left abandoned by her biological parents. This one month old child was abandoned in a local hospital. The petition describes the child as 'filius nullius' and also uses a strong expression - which expression shou
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