Vishav Singh (TL-TAG) 30 August 2016

Step son adoption deed to step father

Dear All Professionals,

I am a Hindu indian citizen and lives in Delhi. My wife has a son from her first marriage which was divorced in 2014. The decree had clearly stated that the biological father has given full custody to the mother. I was a bachelor at the time of her re-marriage with me. Now i wanted to adop my step son and wanted to complete all legal formalities. My lawyer says that adoption can notbe done without biological father constent, but we (Me & my wife) both don't want to approach her ex husband for this proeedure.

Can you suggest me any wayout where we can avoid biological father constent in this adoption process. If there is not wayout, can my lawyer take the constent over affedivit nd deed from biological father.

Your valuable suggestion will be highly appriciated.

Regards

Vishu.

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1 Replies

Kumar Doab (FIN) 30 August 2016

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IN THE SUPRME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. …….. OF 2015 [Arising out of SLP (Civil) No. 28367 of 2011] ABC … Appellant Versus The State (NCT of Delhi) … Respondent

"The Court exercises paren patrae jurisdiction in custody or guardianship wrangles; it steps in to secure the welfare of the hapless child of two adults 2 whose personal differences and animosity has taken precedence over the future of their child.'

https://supremecourtofindia.nic.in/FileServer/2015-07-06_1436184974.pdf

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Delhi High Court

Teesta Chattoraj vs Union Of India

https://indiankanoon.org/doc/24842861/