Court order on adoption in similar circumstances - Interesting read

ShahH8er thumbnail
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Trollbaaz

Posted: 2 years ago
#1

This article was reported just a few days ago. Sharing it only so that people get some perspective and clear misconceptions, if any. Not to correllate everything with the scenario presented in the show but just an example of similar cases which arise in real life

(Note: Well aware that anything can happen in this fictional show without sense or logic. Few essential excerpts from the article are copied below for reference)


Observing that a biological mother has "the right to have custody of her child" and that "giving and taking of the child in adoption is not proved", a Mumbai court ordered an adopting couple to return the child to its biological parents.

The biological mother in this case was an unwed woman when she gave birth to the child. Owing to the circumstances, she gave up her child for adoption to an NGO in 2021. The NGO found a couple to adopt the child. But in the meantime, the woman realised that it was a baby-selling racket. She also managed to marry the father of the child and so wanted her child back.

According to the adoptive parents, the child was given for adoption to them by the biological mother and her husband. A Deed of Adoption was prepared and executed between the parties. The child, in the meantime, was handed over to them and the couple said that they were taking care of the child and had grown attached to him. They argued that custody of the child for his welfare should be retained with them.

The court said that just because the custody of the child was with the adoptive parents does not give them "any right to retain the child with them."

The adopting parents have not brought on record reliable and convincing evidence to establish the facts regarding giving and taking of the child in adoption. In such circumstances, mere custody of the child is not sufficient to conclude that the child was validly given in adoption," said Judge RR Patare.



https://www.indiatoday.in/law/story/mere-custody-of-child-with-adopting-parents-does-not-mean-adoption-valid-says-mumbai-court-2345978-2023-03-13

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Sarcastic Chatterbox

Posted: 2 years ago
#2

Originally posted by: ShahH8er

This article was reported just a few days ago. Sharing it only so that people get some perspective and clear misconceptions, if any. Not to correllate everything with the scenario presented in the show but just an example of similar cases which arise in real life

(Note: Well aware that anything can happen in this fictional show without sense or logic. Few essential excerpts from the article are copied below for reference)


Observing that a biological mother has "the right to have custody of her child" and that "giving and taking of the child in adoption is not proved", a Mumbai court ordered an adopting couple to return the child to its biological parents.

The biological mother in this case was an unwed woman when she gave birth to the child. Owing to the circumstances, she gave up her child for adoption to an NGO in 2021. The NGO found a couple to adopt the child. But in the meantime, the woman realised that it was a baby-selling racket. She also managed to marry the father of the child and so wanted her child back.

According to the adoptive parents, the child was given for adoption to them by the biological mother and her husband. A Deed of Adoption was prepared and executed between the parties. The child, in the meantime, was handed over to them and the couple said that they were taking care of the child and had grown attached to him. They argued that custody of the child for his welfare should be retained with them.

The court said that just because the custody of the child was with the adoptive parents does not give them "any right to retain the child with them."

The adopting parents have not brought on record reliable and convincing evidence to establish the facts regarding giving and taking of the child in adoption. In such circumstances, mere custody of the child is not sufficient to conclude that the child was validly given in adoption," said Judge RR Patare.



https://www.indiatoday.in/law/story/mere-custody-of-child-with-adopting-parents-does-not-mean-adoption-valid-says-mumbai-court-2345978-2023-03-13

Bro, in Maa Verse the dumbhead couple should not have been allowed to foster CA. It took a child for Anuj to realize that his Anu is a bati hui orat who has innumerable matkas to balance. I completely blame him for marrying her knowing her situation but Anupama should realize that running at the drop of a hat won't work forever. It's not like Anuj married her at a gunpoint, she fought with everyone to marry him. This is the reason one should be married for atleast 2 years before choosing to adopt or foster.

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Posted: 2 years ago
#3

I have been saying this for a long time.... in reality unless you adopt through Cara, following all the procedures, if contested, your adoption can become null and void as it is illegal.


But this is Maaverse every law is written by AnuMaa for AnuMaa... whatever she does is perfectly legal

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