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Adoption deed – Not valid 

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Habeas Corpus - For custody of minor child  - Petition is maintainable.

Adoption - Inter-country adoption  - It would be the  Juvenile Justice Act of 2015, as would apply for an inter-country adoption

Home CIVIL

Adoption deed – Not valid 

by PLRonline
in CIVIL, Punjab & Haryana
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Adoption deed – Not valid  – That the adoption does not seem to be valid (as regards (b) below, and in any case not valid as per (a) and (c) below), even under the provisions of the Act of 1956, in view of the fact that:-

(a) the giving of the child by the petitioner to respondent no.9, though is backed by her affidavit dated 05.09.2019, that affidavit being only an authority to respondent no.9 to further hand over the child to respondent no.7, such document of authority is required to be compulsorily registered in terms of sub section (3) of Section 17 of the Registration Act, 1908 (as discussed in paragraphs 80, the last part of para 83, and para  85);

(b) the adoption deed dated 03.12.2019, would not seem to be a valid document as it purports to show that the petitioner signed it on that date in the presence of respondent no.7 and her husband, whereas even as per respondents no. 5 and 6 that document was signed by the petitioner on 05.09.2019 (and not 03.12.2019) and therefore, the presence of the petitioner on 03.12.2019 in Patiala as the document purports to show, is highly doubtful thereby making it a very questionable deed (as discussed in paragraphs 86 to 90 supra);

(c) that even otherwise the adoption deed cannot be said to be valid in view of the fact that the petitioner was not in a fully stable mental condition and was under mental stress of having lost her husband only 1½ months earlier, and with her holding a 3 month old baby and further, she therefore having changed her mind as regards the adoption subsequently and not having come to Patiala, to sign the document on 03.12.2019 (as discussed in paragraphs 91 and 92);

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Tags: AdoptionChild - Custody

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