Adoption
Querist :
Anonymous
(Querist) 01 September 2011
This query is : Resolved
PLEASE SUGGEST WHAT DEFENDING COUNSEL CAN DO... FACTS OF THE CASE ARE AS FOLLOWS:
22 April 2008, Pari a six months old child was given in adoption by her natural parents Mr D. K. Bose and his wife Mrs Sonali Bose - to Mr Ajay Singham and his wife Shalini, the real sister of D.K. Bose. The Singham Couple was childless so they adopted Pari from the Bose family, out of trust, faith and confidence. A ceremony of giving and taking of the child was performed in presence of friends and relatives. A draft of adoption deed was finalised by the parties under their signatures, but the final deed of adoption was never signed. After 22 April 2008, the child has been under the care and custody of the Singhams. The Singham have been educating the child in the best possible educational institutions. The child takes the name’ Singham’ in all school and other record. The child is not even aware that the Bose are her natural parents.
Pari is the youngest child of the Bose couple, the elder two being Prafulla and Prachi. The Bose family are residents of Singapore. The Singham are residents of Nagpur. On 22 September 2008, the Bose family also handed over custody of Prachi to the Singhams because the Mr. Bose was going through severe financial constraints. In 2010, they took custody of Prachi from the Singham and returned with her to Singapore. They let Pari be with the Singham, and never asked for her custody.
On 1 January, 2011, Mr. D. K. Bose came to India and took Pari to see a relative of theirs at Ramnagar, Nagpur and promised to return with Pari on the following morning. As they did not turn up, the Singham made hectic attempts to locate them. The Mr. Bose then threatened the Singham. Mr. Singham then registered a police complaint at Ambazari police station. Mr. Bose brought Pari to the police station. Here, Pari pleaded her unwillingness to go with the Bose family and repeatedly addressed the Shalini as her mother. In the circumstances the Bose couple were compelled to hand over the child to the Singhams. In a settlement made on the occasion, Mr. Bose agreed to pay to the plaintiffs Rs 6000 p.m. for the education of Pari, which amount the Bose couple continue to pay.
On 10 July 2011, The Singham were threatened by Mr. D. K. Bose once again to remove Pari from custody, he also issued a notice to the Singham demanding custody of Pari. The Singham pleaded before him, but Mr. Bose was adamant to take Pari back to Singapore. Hence the Singham have filed a case before this appropriate authority in Nagpur seeking inter alia for a declaration that Pari is their adopted child, and for permanent injunction restraining Mr. Bose from taking away the custody of Pari in any way. The Singhams also seek other appropriate reliefs for seeking guardianship of Pari. Pari was examined by the Judge, and has stated she wishes to stay with the Singham, and does not wish to accompany the Bose Family to Singapore.
The above facts are either admitted or sufficiently proved.
Clarifications
A. The settlement between the parties after the police complaint happened at the police station, which stated:
1. Singham has withdrawn his complaint against Mr.Bose.
2. Bose couple have handed over Pari toAjay and Shalini Singham.
3. Pari shall stay with the Singhams.
4. Mr. Bose requested Singhams that they wish to give Rs 6000 per month out of love and affection, which Singham may utilise for Paris education.
5. Parties have now no complaint against the other.
prabhakar singh
(Expert) 02 September 2011
Since the case is in court compromise arrived at before police should get recorded in court to give it a valid effect.
girish shringi
(Expert) 05 September 2011
I do agree with both the experts.
