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Husband (self)     18 February 2017

Adpoted child

Hi sir/madam,

Husband and wife staying seperately for more than 12 years after marriage, Having one daughter, daughter stayed with father for 11 years without the love and care of mother, Now daughter is with her mother, But mother has adopted one baby boy 7 months old now ,(after  daughter went there forcibly taken by mother by applying child rights), with out the knowledge of husband nor signed on anything.

What rights does the adopted child have in future,



Learning

 18 Replies


(Guest)
Originally posted by : Husband
Hi sir/madam,

Husband and wife staying seperately for more than 12 years after marriage, Having one daughter, daughter stayed with father for 11 years without the love and care of mother, Now daughter is with her mother, But mother has adopted one baby boy 7 months old now ,(after  daughter went there forcibly taken by mother by applying child rights), with out the knowledge of husband nor signed on anything.

What rights does the adopted child have in future,

According to Hindu Succession Act, woman cannot adopt a child unless, she is

widow

who is not married.

or whose husband has renounced the world

or whose husband has converted to other religion and is no more a hindu

or who has been declared as a person who is of unsound mind by a competent court

and if she is adopting a male child difference between her and the adopted male child should be 21 years.

and if she has adopted a male child there should not be a male child with her already.

 

she has wronged by adopting male child that too without any paperwork.  She go jail if you complain to women and welfare department.  

 

Aisa bhi hota he part 222

 

On a personal note Helping Hand would like to add the following,

Aap dono ka hi zindagi barabar nahi, bacche ko god lene ki avshyakata kya thi?  Simply you ppl endangered life of a baby boy.  Now it is moral responsiblity of you both to give proper life to it, irrespective of your hapless lives.

Anything else?

Kumar Doab (FIN)     18 February 2017

 

Hindu Adoptions and Maintenance Act, 1956

8. Capacity of a female Hindu to take in adoption

Any female Hindu-

(a) who is of sound mind,

(b) who is not a minor, and

(c) who is not married, or if married, whose marriage has been dissolved or whose husband is dead or has completely and finally renounced the world or has ceased to be a Hindu or has been declared by a court of competent jurisdiction to be of unsound mind, has the capacity to take a son or daughter in adoption.

 

https://www.advocatekhoj.com/library/bareacts/hinduadoptions/8.php?Title=Hindu%20Adoptions%20and%20Maintenance%20Act,%201956&STitle=Capacity%20of%20a%20female%20Hindu%20to%20take%20in%20adoption

Kumar Doab (FIN)     18 February 2017

If the adoption is not valid then rights of child are under cloud.

If family is willing adopt properly:Now.

 

Husband (self)     19 February 2017

Thanks for the reply sir,

 

If she has done the paperwork without the sign of me, then is that child adoption is valid


(Guest)
Originally posted by : Husband
Thanks for the reply sir,

 

If she has done the paperwork without the sign of me, then is that child adoption is valid

She cant adopt any child.  Cant you understand that much?  What she has done is illegal, did you not read my reply above?

stanley (Freedom)     20 February 2017

Originally posted by : Husband
Hi sir/madam,

Husband and wife staying seperately for more than 12 years after marriage, Having one daughter, daughter stayed with father for 11 years without the love and care of mother, Now daughter is with her mother, But mother has adopted one baby boy 7 months old now ,(after  daughter went there forcibly taken by mother by applying child rights), with out the knowledge of husband nor signed on anything.

What rights does the adopted child have in future,

@ Author 

1. Adoption of the child is illegal in the eyes of law.

2. Your off spring has been taken by her under which law was it under DV act ?? or under Gaurdians act. Has there any order in passed by the court for this  . do you have visitation rights in this . What exactly do you want from your off spring now .

Kumar Doab (FIN)     20 February 2017

You have posted that: “What rights does the adopted child have in future!”

Your prime concern seems to be of rights of adopted child (a son; by your wife)!

The adopted child (valid adoption) has all rights as that of natural child.

 

 

 

If your main concern is your: self earned/acquired estate then you can dispose it in your life time in anyone’s favor ……………………………say in your natural daughter………………… by a valid deed e.g; sale/transfer/release/gift/relinquishment/mortgage etc etc OR by a valid WILL.

OR you can form trust.

If your choice is WILL, register it preferably.

 

 

 

Kumar Doab (FIN)     20 February 2017

In any case, if you are Hindu: than first right on your estate (that you leave undisposed, in your life time) is of ClassI legal heirs i.e; Mother, wife, Sons, daughters…………..

 

What exactly do you want to do with your marriage, your wife, your natural daughter and adopted child (by your wife)!

It is your call and you seem to be already, having a lawyer.

What is your own lawyer’s advice, on your own viewpoints? 

Husband (self)     20 February 2017

I Need divorce from wife as i am staying with her

stanley (Freedom)     20 February 2017

winkdevil

@ author 

your first post states that you are staying seperately for past 12 years and your recent states that you are staying togather which of these is true .cheeky

1. you can seek desertation as one of the grounds if she has deserted you for more than two years ( 12 yrs as stated in your firist post)

alternate grounds would be cruelty etc which you have to prove .or else last is MCD if she is willing for the same .

 

Kumar Doab (FIN)     20 February 2017

Mr. stanley is right in observation.

For divorce you have sufficiently been advised in other threads.

You have not confirmed, if you are Hindu.

However; you have replied to the posts in the thread and hence it is assumed that you are all Hindu.

Kumar Doab (FIN)     20 February 2017

In other thread you have posted that you have remarried without taking divorce and has child from second marriage.

https://www.lawyersclubindia.com/forum/Childrens-and-grandchilndren-share-147178.asp

 

Your legally wedded wife (1st) is asking for share of her ( and your) child from property left by your father and earned by you.

Grandchildren have NO forced share in self acquired estate of Grandfather.

If possible; use the opportunity for MCD and get liberated.

Or wait till court decides the cases being contested by you and your  legally wedded wife (1st).


(Guest)

Your issue is sufficiently been addressed by above members.

 

Of personal interest I would want to know the following.

1. What logic behind adopting male child by your wife?  Why did your wife not try for second child from you?  Usually male child is wrongly thought to be vamshodarak, female child will also continue to produce children and prosper vamsha.  You people could not give proper life to your own daughter, in that why did your wife adopt one more kid which is not yours at all and make it vamshodarak?

Could you please elaborate?

Husband (self)     21 February 2017

My correction, I am not staying with first wife,

1. What logic behind adopting male child by your wife? 
I dont know what is her intention, but to trouble me

I Need divorce, first wife  is asking for property to be given to daughter then divorce she will give, But first wife is big liar,cannot trust, so     i am in dilemma

 


 


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