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Arumugha Udayar and ors. Vs. Valliammal and ors.

Court : Chennai

Subject : FamilyProperty

Acts : Hindu Succession Act, 1956; Hindu Adoptions and Maintenance Act, 1956 - Sections 4, 5, 7, 8, 11, 12 and 14; Hindu Law; Code of Civil Procedure (CPC) , 1908

Reported in : AIR1969Mad72

been taken. In the Bombay decision the main reasoning is that under Section 12 and sub-section (6) of Section 11 of the Act, there is a complete severanee of all ties of the child given on adoption in … only in relation to living persons and not to persona who were dead at the time of the adoption. Section 14(1) refers only to the living wife who should be deemed to be the adoptive mother and it

Dhanraj JaIn Vs. Smt. Suraj Bai

Court : Rajasthan

Subject : FamilyCivil

Acts : Hindu Adoptions and Maintenance Act, 1956 - Sections 4, 6, 9 and 11; Hindu Law; Constitution of India - Article 14; Code of Civil Procedure (CPC) , 1908 - Order 14, Rule 2

Reported in : AIR1973Raj7; 1972()WLN623

be gainsaid that Section 6 makes it obligatory that there must be a person competent to give in adoption. Section 9 provides that in case of a minor the guardian duly appointed by a Court may give him … necessary in case of a minor only. His contention is that the use of the expression 'child' in Section 11(g) of the Act clearly gives an indication to the legislative intent that the term has been used for

QuilloIn Vs. Walcott

Court : US Supreme Court

Subject : Land Acquisition

not petition for legitimation of his child at any time during the 11 years between the child's birth and the filing of Randall Walcott's adoption … adoption petition had been filed. [ Footnote 8 ] In re: Application of Randall Walcott for Adoption of Child, Adoption Case No. 8466 (Ga.Super.Ct., July 12, 1976), App. 70. Sections 74-103, 74-203, and 74-403(3) are silent as to … appellees in 1969 and lived with them thereafter. [ Footnote 2 ] See Ga.Code §§ 74-403(1), (2) (1975). Section 74-403(1) sets forth the general rule that "no adoption shall be permitted except with the written consent of

Lakshmi Kant Pandey Vs. Union of India (Uoi)

Court : Supreme Court of India

Subject : Constitution

Acts : Constitution of India - Articles 2, 15, 15(3), 24 and 39; Guardians and Wards Act, 1890 - Sections 4, 7, 8, 9, 11, 17 and 26

Reported in : AIR1984SC469; 1984(1)Crimes542(SC); 1984(1)SCALE159; (1984)2SCC244; [1984]2SCR795

and voluntary agencies engaged in the work of offering Indian children in adoption to foreign parents. The letter referred to a press report based on … be made to the district court having jurisdiction in the place where the minor ordinarily resides. Then follows Section 11, Sub-section (1) which prescribes that if the court is satisfied that there is ground for proceeding on the … if so, the procedure to be followed for that purpose, with the object of ensuring the welfare of the child.2. The Indian Council of Social Welfare was the first to file its written submissions in response to the

In Re: Adoption of Payal @ Sharinee Vinay Pathak and His Wife Sonika S ...

Court : Mumbai

Subject : FamilyCivil

Acts : Hindu Adoptions and Maintenance Act, 1956 - Sections 4, 5, 9, 10, 11, 40, 41(1), 41(2), 41(3), 41(5) and 41(6); Juvenile Justice (Care and Protection of Children) Act, 2000 - Sections 1(4) and 2; Rajasthan Children Act, 1970; Industrial Disputes Act; Guardian and Wards Act, 1890; Constitution of India - Articles 15, 21, 39, 45, 47 and 51A

Reported in : 2010(1)BomCR434; 2009(111)BomLR3816

them is that if the adoption is of a daughter, the father or mother who wish to adopt the child must not have a Hindu daughter (or a son's daughter) living at the time of adoption. Parliament enacted … should not have completed the age of fifteen, unless there is a custom or usage to the contrary.7. Section 11 provides that in every adoption certain conditions must be complied with. Clauses (i) and (ii) of Section 11

Society of Sisters of Charity Vs. Karnataka State Council for Child We ...

Court : Karnataka

Subject : Family

Acts : Guardian and Wards Act, 1890 - Sections 7 and 11; ;Hindu Adoption and Maintenance Act

Reported in : ILR1991KAR3543

given away to the custody of the first appellant-applicant by the mother as she was unable to support the child on account of poverty. In the other case, the child in respect of whom guardianship has sought was … on 5-12-1989, while Gloria was born on 4-4-1989. Kavitha was offered in adoption by the first applicant-appellant in M.F.A. 2092/1990, while Gloria was offered in … by the lower Court. In this context, we must observe that having regard to the provisions contained in Section 11 of the Act, as well as Order 1 Rule 10 of the C.P.C., the learned-Civil Judge ought to

A.S. Sailaja Vs. Principal, Kurnool Medical College, Kurnool and ors.

Court : Andhra Pradesh

Subject : Constitution

Acts : Constitution of India - Articles 14, 15(4), 16(4) and 346; Hindu Adoptions and Maintenance Act, 1956 - Sections 12

Reported in : AIR1986AP209

Tribes. Under the Act, a male as well as a female child is eligible to be taken in adoption. Section 11 adumbrates the essential formalities for valid adoption. Since it is not material for the purpose of this case,

Mathew Varghese Vs. Rosamma Varghese

Court : Kerala

Subject : Family

Acts : Christian Law

Reported in : AIR2003Ker312; 2003(4)CTC193; (2004)186CTR(Ker)172; I(2004)DMC148; 2003(3)KLT6

In course of time, the relationship between the husband and wife had got strained. Even the paternity of the child appears to have become the cause of conflict between the parties.4. In the year 1987, Mrs. Rosamma alongwith … in Bombay, he is entitled to maintenance out of the joint family property.(3) Section 20 of the Hindu Adoptions and Maintenance Act, 1956, now provides that a Hindu father or mother is bound, during his or her … governed by the provisions of the Travancore Special Marriage and Succession Act, 1119 (equal to 1944). The decisions in 1952 KLT 595 and 1972 KLT

St. theresa's Tender Loving Care Home and Ors. Vs. P. Jamuna and Ors.

Court : Andhra Pradesh

Subject : Family

Acts : Guardians and Wards Act, 1890 - Sections 10 and 11

Reported in : 2003(4)ALD36; 2003(4)ALT337

Act for declaration of the adoptive parents as guardians of the Indian children for the purpose of inter-country adoption. Section 11 of the Act lays down the procedure to be followed on admission of an application. Sub-section (1) of … to be a co-author of a publication on Lambada Tribes commissioned by UNICEF alleged to be dealing with the child trafficking and also claims to be the advisor to the Lambada Rights Struggle Committee. Smt. P. Jamuna, Secretary

Jose Maveli, Director Vs. State of Kerala and anr.

Court : Kerala

Subject : Criminal

Acts : Junvenile Justice (Care and Protection of Children) Act, 2000 - Sections 2, 21, 21(2), 32, 32(1), 33, 33(1), 33(3), 38, 39, 40 and 54; Travancore-Cochin Literary, Scientific and Charitable Societies Act, 1955; Kerala Juvenile Justice (Care and Protection of Children) Rules, 2003 - Rules 10, 10(1), 10(2), 11, 11(3), 11(5), 11(14), 36 and 36(4); Code of Criminal Procedure (CrPC) , 1974

Reported in : 2007CriLJ2709

Children's Home or Special Home, and social reintegration of children and rehabilitation shall be carried on alternatively by adoption, foster care, sponsorship and sending the child to an after care organisation.24. Any other person/Institution to which the … crime is abandoning the children, neglecting the foundation of life. Many of the things we need can wait. The child cannot; right now is the time his bones are being formed, his blood is being made and his … under Section 33 of the Act and other relevant provisions. (Vide Rule 11 also).28. Learned Magistrate/Committee failed to take any steps to 'restore' the children … before learned Chief Judicial Magistrate by the additional third respondent herein, under Section 32(1) of the Junvenile Justice (Care and Protection of Children) Act, 2000