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Smt. Vijayalakshamma and anr. Vs. B.T. Shankar

Court : Supreme Court of India

Subject : CivilFamily

Acts : Code of Civil Procedure (CPC), 1908 - Order 20, Rule 12; Hindu Succession Act, 1956; Hindu Adoptions and Maintenance Act, 1956 - Sections 5, 7, 8, 12 and 14; Mysore Hindu Law Women's Rights Act, 1933

Reported in : AIR2001SC1424; 2001(49)BLJR1557; JT2001(4)SC290; (2001)2MLJ84(SC); 2001(3)SCALE72; (2001)4SCC558; [2001]2SCR769

that as per Section 12 of the Act the adopted son or daughter shall be deemed to be the child of his or her adoptive father or mother for all purposes with effect from the date of adoption. … senior counsel further that the proviso to Section 7 and the Explanation thereto must necessarily be read into Section 8 providing for adoption by a female Hindu and in case where there are more than one wife, the

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

which it was held that as a result of an adoption by either spouses, the adopted son becomes the child of both the spouses and that this result necessarily followed from the combined operation of the customary Hindu … 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 … The several deeming provisions in Section 14 of the Act tend to the same view. Section 5 and Section 8 of the Act do not warrant the view that after the commencement of the Act, the widow can

Banabai and ors. Vs. Wasudeo

Court : Mumbai

Subject : FamilyProperty

Acts : Code of Civil Procedure (CPC), 1908 - Order 22, Rule 3; Hindu Adoptions and Maintenance Act, 1956 - Sections 4, 5(1), 11, 12, 13 and 17; Hindu Succession Act, 1956 - Sections 8 and 14; Code of Criminal Procedure (CrPC) , 1973 - Sections 145; Hindu Law; Shastric Hindu Law

Reported in : AIR1979Bom181; (1980)82BOMLR388; 1979MhLJ133

12 of the Act is that, when either of the spouses adopts a child, all the ties of the child in the family of his or her birth become completely severed and these are all replaced by those … plaintiff in the present suit. On the same day a deed of adoption was executed by Banabai in favour of Wasudeo.2. Banabai then filed a … coming into force of the Hindu Succession Act leaving behind him only his widow Banabai, by reason of Section 8 of that Act, Banabai became the full and absolute owner in Sept. 1958 of all the properties left

QuilloIn Vs. Walcott

Court : US Supreme Court

Subject : Land Acquisition

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 … declaring a person to be such a guardian, the court may make an order accordingly and, according to Section 8, such an order shall not be made except on the application of one of four categories of persons … 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

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

been excluded in this Explanation, by implication it should be held that the step-mother is competent to give the child in adoption.We regret we are unable to accept this contention of the learned counsel. The reason for excluding … 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 … and step-mother. Even if we look to the table of Heirs given in Schedule under Class II under Section 8 of the Hindu Succession Act. step-mother has been put in entry VI to Class II Heirs under the

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 … 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 … act'. The word 'circumstances' is explained in Salter v. State 163 Ga. 80 : 135 SE. 409 also as, 'related or accessory facts, occurrences or

Ghisalal, and Dhapubai (Dead) Widow of Gopalji. Vs. Dhapubai (Dead) by ...

Court : Supreme Court of India

Subject : Family

Acts : Hindu Adoptions and Maintenance Act, 1956 - Sections 7, 12, 8(c); Code of Civil procedure , 1908 - Section 96 Order 41 Rule 1; Constitution Of India - Article 136

child shall not divest any person of any estate vested in him or her before the date of adoption. Section 16 which embodies a rule of presumption lays down that whenever any document registered under any law for … adoption unless either of them suffers from any of the disabilities specified in the proviso to Section 7. Section 8 enumerates the conditions, which must be satisfied for adoption by a female Hindu. Section 12 deals with effects

Mr. Abraham G. Karimpanal and ors. Vs. Nil

Court : Karnataka

Subject : Family

Acts : Guardian and Wards Acts, 1890 - Sections 4(5), 7, 9, 9(1) and 25; Family of Court Act, 1984 - Sections 7, 7(1) and 47

Reported in : AIR2004Kant321; ILR2004KAR1840; 2004(4)KarLJ15

agency or individual from one State to another, it should not be possible to apply for guardianship of the child in the Court of the latter State, because the child not having any permanent place of residence, would … is a Trust registered under the Indian Trust Act and processes in-country adoption of Indian minor children. Since the Government Health Team to which the … proceeding in relation to the guardianship of the person or the custody of, or access to, any minor. Section 8 of the Family Court Act, specifically lays down that where a family Court has been established for any

Hirabai and anr. Vs. Babu Manika Ingale

Court : Mumbai

Subject : FamilyProperty

Acts : Hindu Adoptions and Maintenance Act, 1956 - Sections 8, 11, 12, 13 and 16; Hindu Succession Act, 1956 - Sections 4, 4(1), 6, 14 and 14(1); Transfer of Property Act

Reported in : AIR1980Bom315; 1980MhLJ494

and when she is a widow in a Hindu family, she has full and unimpeded authority to adopt. Section 8 of the Adoption Act expressly declares such capacity in favour of the female Hindu of the kind mentioned … on Ss. 12 and 13 and those read as under:-'12. An adopted child shall be deemed to be the child of his or her adoptive father or mother for all purposes with effect from the date of the … got interest by birth, the date of his birth only being fixed fictionally to the date of the adoption. Section 13 of the Adoption Act is clearly enabling and does not deal with the property wherein by reason