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R.Ramachandran (Advocate)     25 May 2018

Please go through the Landmark decision by Hon'ble Supreme Court of India in Shabnam Hashmi vs. Union of India and others (2014) 4 SCC 1, decided on 19.2.2014.  This decision has been given by the Supreme Court after rejecting the objections by the All India Muslim Personal Board which said that Islamic Law (Muslim Personal Law) does not recognise adoption and instead professes "Kafala" system under which the child is placed under a "kafil".

In the said SC decision, the Hon'ble Supreme Court has ruled that any person can adopt a child under the Juvenile Justice (Care and Protection of Children) Act 2000 irrespective of religion he or she follows and even if the personal laws of the particular religion does not permit it.

Prior to the decision, the Muslims, Christians, Jews and those from the Parsi community only had the power of guardianship in which one possess only legal right on the child till he or she turns an adult. The biological parents have a right to intervene during that period.

The aforesaid judgment has opened the doors for all the Communities in India including Muslims, Christians, Parsis, Jews etc., to adopt.

Parvez A G (X)     26 May 2018

My in laws have taken divorce forcefully and taken the custody of My Girl Child. On the basis she will take care of her as she is girl child but her brother has adopted the child and he has change his father and mother name.. Her brother have already 3 girls with him.. as i am muslim we have done marraige as per muslim laws and does the constitution of INDIA give Right to Religion if it that then how come it happens. I am his father and still alive and i have not given any permission for doing this act. kindly reply in which way i can put up the case against my inlaws. they are trying to take abroad.

R.Ramachandran (Advocate)     26 May 2018

Pl get in touch with a lawyer in your locality, discuss with him with all the documents in your possession and take further steps.


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