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Anonymous

posted 8 months ago

I was in a live in relationship with a lady since 2001. In 2009, the lady adopted a girl child under the JJ act 2000.(Adoption under single parent). the child was 3 yrs old. The child was admitted in a nursery and then in a proper school where my name appears as the father's name. All letters addressed by the school are addressed to me as father of the child. All fees have been paid by me by cheque.
I have carried out all the duties of a father and there is a unique bonding of love and faith between the two of us. In 2016, the lady decided to move out and enter into a live in relationship with another man. This has devasted the child emotionally and on one ocassion she ran away from her adopted mother and came to my place . The mother got the police and I had to return the child who is being ill treated by the "new father". what recourse do I have in law?
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A. Dear client we Need to review the adoption document. Only after reviewing the documents can advise you whether to file a petition u/s 10 of Guardian and Wards Act for the custody of the child or to lodge a complaint..kindly contact with vidhikarya lawyers

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Deepak Bade

Experience: 9 Year(s)

Responded 8 months ago

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A. You can try legal action in Court since you looked after the child as your own daughter and paid for its maintenance, education for some years. You can approach me for drafting , send me your e mail id.

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A. iF AT THE TIME OF ADOPTION OF THE GIRL YOUR NAME IS ALSO THERE AS A DONEE, AND AT THAT TIME YOUR WIFE WAS LIVING WITH YOU, YOU CAN VERY WELL CLAIM THE CUSTODY OF THE CHILD FROM THE COURT OF LAW, BUT IT SEEMS THAT SHE ADOPTED THE CHILD UNDER SINGLE PARENT, THEN YOU CANN'T INTERFERE . for thesolution of your problem contact some advocate through vidhikarya.com

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Rajender Prasad

Experience: 5 Year(s)

Responded 8 months ago

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A. This is quite surprising. Need to review the adoption document. Only after reviewing the documents can advise you whether to file a petition u/s 10 of Guardian and Wards Act for the custody of the child or to lodge a complaint under Commissions for Protection of Child Rights Act, 2005 with the National Commission for Protection of Child Rights.

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ROBERT D ROZARIO

Experience: 15 Year(s)

Responded 8 months ago

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A. I am surprised that your name was entered as father in all her records without any actual documentation. By your account, you have neither adopted the child nor married her mother. If that is strictly true, you may not have a right to custody etc. But, if there is any abuse, you can inform the police and also the Child welfare department. In fact there is a National Commission for Protection of Child Rights (NCPCR) to which you can make a petition.

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Anonymous

Replied 8 months ago

Many thanks for your prompt reply. Can I file a petition under the provisions of Guardians and Ward Act (GAWA).
Section 8, entitles me to make application seeking guardianship of the child. The court must consider what is in the best interest of the child. Tha child is 12 yrs old.

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Anonymous

Replied 8 months ago

Further, the mother has recently delivered her own baby girl.

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