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Arshi   15 May 2021

Adoption query

My Friend got married to a guy named Akshat. Now Akshat had adopted a child three years back when he was unmarried and the child during that time was two years old. Now, after marriage my friend has refused to accept the child. So, the husband(Akshat) left the child with his old father who is already 75 years old. So, basically, that child is left alone without any care and he is only five years old as of now.

I want to ask the respected members that whether Akshat is liable for any punishment for abandoning the child and what legal remedies does the child have? Can the child be put for re-adoption?


 6 Replies

Mayank Sharma   16 May 2021

1. Contact the district child welfare committee if possible and they will guide you properly.
2. Secondly the rights of an adopted child are same as real child once the adoption has been effected legally. Therefore the adoptive father is legally bound to maintain the child under section 20 of Hindu Adoption and Maintenance Act and a claim for maintenance can be filed against the father under Section 125 of the Code of Criminal Procedure.

But if you ask me a parent who does not want anything to do with the child is best taken to the district child welfare committee and because through Section 125 CrPC you can get some financial maintenance amount but the real care will happen only if the child is in care of someone who wants to care for the child.

Asgher Mahdi (Advocate & Legal Advisor)     16 May 2021

Does he have adoption Deed?  Once o through the adoption deed covenants as he had bachelor at that can reveal the facts. 

Tousif Shaikh   16 May 2021

if the child's Father is still alive irrespective of his age is the legal guardian of the child, therefore there arise a question whether he can sustain and educate the child.
If he has sufficient income source to feed and send the child to school, then there is no question of Adoption.
If the father is living in Below Poverty Line it can be understood he cannot sustain and educate the child at this age of 75yrs. There arise 2 points for Adoption:-
1. Therefore as per Law, Akshat is not bound to care for the child, since he is not legally adopted, Akshat took care of him on humanitarian ground.
2. If he has been legally Adopted, then Akshat is bound to care and educate him till he reaches 18yrs of age. And also the child can demand shares in property.
Now as per current situation, a child cannot be subjected to cruelty whether it's mental or physical. Both Akshat and his wife (your friend) could face legal trouble over the child's care.
If your friend doesn't want to live with the child then it's fine, Akshat did the right thing repatriating the child with his biological family. There would be no legal issues in that.
Yes the child can be readopted only after being sure that he would be accepted as a family member, otherwise same issue would resurface in future.

*Please do re-verify any suggestions u get from other than your Personal Lawyer.

Abhishek Sahu   16 May 2021

the father is liable for punishment under section 317 of IPC
as fa as the care of child is concerned he shall be handed over to the child welfare committee
1 Like

kavksatyanarayana (subregistrar/supdt.(retired))     16 May 2021

As per me, How did Akshat adopt the child when he was un-married?  For adoption, either by way registration or by rites and customs of the religion, the biological parents and adoptive parents shall mutually agreed. It seems to be not a real fact,

P. Venu (Advocate)     17 May 2021

The posting, unless an academic issue, suggests deeper issues. Please post complete facts.

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