Upgrad LLM

how to adopt a baby(girl) age 5 days ,found in jungle

This query is : Resolved 

28 July 2009

Respected all,
there a 5 days baby found in a jungle.
local police give her to a villager.
he has allredy 5 childrens,in his family.
my client married before 13 yrs,he has no child still now due to no sperm,docters has also diclerd that very low chances for prignency.
so he wants to adopt that chield.
magistrate want ruling regarding this "LOST AND FOUND CHIELD"
magistrate told me that there is any case law about this.
what can i do?
it is a matter of 5 days chield's life.

Y V Vishweshwar Rao Online (Expert)
28 July 2009

Keep the Baby for some time in safe custody ! After some time , if there is no complaint regardign lost baby and after satisfying that child is not belogns to any one - left / not claimed by mother or fatherthen file a case in the District Court making the District Collector as party and with permission of the Court take adoption of the baby !

Sarvesh Kumar Sharma Advocate (Querist)
28 July 2009

nobody is claiming the child
i file an application in the court of c.j.m.,and the court says that in which law the baby can adopt.give law or ruling .....

there some ruling of hon'ble suprim court is there but i am anable to found them

n.k.sarin (Expert)
28 July 2009

Mr. Sarvesh,file a application to the district judge pleading that the police has no right to give the custody of said child to any body and request to the court for send the said child to Annathalaya.Remember the district judge is the legal guardian of the minor children of the district.Being a legal guardian he may ordered that the child sent to the Annathalya.Then your client adopt the said child according to the rule regulation of the Annathalya.

Y V Vishweshwar Rao Online (Expert)
28 July 2009

Mr Sarin Explained the procedure , he is right !

Y V Vishweshwar Rao Online (Expert)
28 July 2009

Under Guardians and Wards Act you can apply before the District judge for permission to adopt the baby !

n.k.sarin (Expert)
29 July 2009

Mr.Rao, CJM and police has no right to give custody of child or permission to adopt the Baby it is the District judge who can order in the interest of child. Miscellaneous application can be file before the district judge.

Somnath mukherjee (Expert)
29 July 2009

You have to file a suit under giardianship and wards act to the district judge

G. ARAVINTHANOnline (Expert)
04 August 2009

Better to give the baby child to a orphanage and then they can do formalities then your client can get baby from them legally, when no one can question that

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