HIGH COURT MARCH 2025 WEEKLY ROUNDUP | Adoption by step-parent; Bank account freezing; Age relaxation in judicial exams; and more
A quick legal roundup to cover important stories from all High Courts this week.
Adoption
HIGH COURT FEBRUARY 2025 WEEKLY ROUNDUP | Stories on Masaba’s Trade Mark; Sidhu Moosewala’s Murder; Amandeep Singh Batra’s petition; Human Sacrifice; and more
A quick legal roundup to cover important stories from all High Courts this week.
‘Adoption of Hindu child into Hindu family can be made even without a registered deed’; P&H HC denies grant of compassionate appointment to adopted daughter
The Court held that the adopted daughter could not be denied compassionate appointment because of a school certificate that mentioned the names of the original parents and not the deceased employee, due to the non-presentation of a registered adoption deed for change of parents’ names in school records.
MP High Court quashes FIR under Section 370 IPC and JJ Act against Christian Missionary over Adoption of Children
The Court held that “the prosecution of the petitioner is sugarcoated with ill-intention and made to belittle his image in the society.”
Advocate volunteers to cover pregnant minor rape survivor’s delivery expenses on Rajasthan High Court’s request
The State did not oppose the recall of the termination order but contended that the it cannot be directed to bear the medical expenses of the delivery.
‘Ultimate decision of woman whether to opt for abortion or adoption’: Allahabad HC directs State to facilitate discreet delivery and adoption of 15-year-old minor girl’s unborn child
A woman’s decision in whether or not to go ahead with the termination of her pregnancy is a decision that is to be taken by no one but herself. This is primarily based on the widely acknowledged idea of bodily autonomy. Here, her consent reigns supreme.”
Never Reported Judgment | Adoption by wife against express prohibition by husband not valid regardless of the reasons for such prohibition [(1953) 1 SCC 656]
This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1953 on adoption by a married Hindu female.
Supreme Court directs States and UTs to appoint Specialised Adoption Agencies in all Districts by August 30
Supreme Court noted that States like Goa, Chandigarh, Rajasthan, Karnataka, and Kerala have established Specialised Adoption Agencies in all their districts.
Can adopted child’s biological family claim share in his property as legal heirs? Madras HC answers
Madras High Court said that the adoptive child is construed to be a member of the adopted family, all the ties of the child are replaced in the adoptive family created by adoption
‘Marital status of woman cannot be the determining factor for giving her child in adoption’, Madras HC sets aside Registering Authority’s order refusing to register adoption deed
Madras High Court said that the reason given in the impugned refusal check slip reveals the patriarchal mind set of the registering authority, giving an underlying assumption that an unmarried woman above the age of 18 years cannot give her biological child in adoption.
Cross-Border Adoption situation not envisaged by Indian adoption laws; Karnataka HC directs CARA to consider issuing NOC to child adopted in Uganda.
The High Court stated that rights of child adopted by Indian Citizens in Uganda, which is a non-signatory to Hague Convention, cannot be left marooned.
Supreme Court sets aside Orissa HC judgment granting father custody of child living with aunt for 14 years; says ‘child not a chattel’
Supreme Court said that the fact that when custody of the child was handed over to the aunt , she was un-married, and is now married having two children will not be a deterrent for this Court to come to the conclusion that best interest of the child still remains with the aunt as the child is living with her ever since she was 3-4 months old.
Can removal of Uterus due to ovarian cancer amount to cruelty to husband for grant of divorce? Madras HC answers
Madras High Court held that the period of treatment the wife has taken from the parental home cannot be termed as desertion.
Right to privacy of unwed biological mother prevails over the adoptee’s right to know his roots: Calcutta High Court
Calcutta High Court held that petitioner’s delay in initiating the root search impacts the availability of certain documents, and no penal action can be taken against the adoption agency for the absence of the surrender deed.
Supreme Court issues directions to streamline adoption process under Juvenile Justice Act
“Generally, prospective adoptive parents have to wait for 3-4 years for getting ‘a healthy and young child’ due to the huge mismatch in the number of registered PAPs and children available for adoption.”
Never Reported Judgment | Hindu law only requires giving and taking of child with intent to adopt; no separate declaration required: SC [1951 SCC 1050]
This report covers the Supreme Court's Never Reported Judgment dating back to the year 1951 on requirements of adoption under Hindu Law.
JJ Act recognises a Single Parent to be eligible for being an Adoptive Parent; Bombay High Court allows single working women to Adopt a Child
The Court said that the comparison done by the Competent Court between the biological mother being a housewife and the prospective adoptive mother (single parent) being a working lady reflects a mindset of the medieval conservative concepts of a family.
Karnataka High Court comes to the aid of an aging couple wishing to have child via surrogacy; Evolves a three- pronged eligibility test
The High Court was hearing a petition filed by a couple aged 57 and 45 years, who had lost their son to road accident, and wanted to re-experience the bliss of parenthood via surrogacy but were barred by certain provisions of Surrogacy (Regulation) Act, 2021.
Supreme Court February 2023| Full strength of 34 judges; AIBE; Decriminalisation of adultery; Compensation for bad haircut; DNA test in Divorce cases; and more
This roundup revisits the analyses of Supreme Court’s judgments/orders on validity of AIBE; ex-communication of Dawoodi Bohras; decriminalisation of adultery; permissibility of DNA test of children to prove allegations of adultery; and more. It also covers reports on the career trajectory & important decisions of Justice Surya Kant and Justice Dipankar Dutta and the newly appointed 7 judges of the Supreme Court; Explainers on important law points; and Cases Reported in SCC Weekly in the month of February.
Jharkhand High Court acknowledges customary provision for adoption of child in Santhal Community
Jharkhand High Court refused to disturb the findings of Trial Court and Appellate Court in a title suit for succession by an adopted son, whose adoption was questioned on the ground of customary provisions of Santhals.