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Uniform code needed for Adoption Laws in India

If one is compassionate enough to adopt a child one must be fearless. In other words, fear of adoption cannot be a hindrance to actually going ahead and adopting a child.The Hindu religion believes that a biological offspring alone is the legitimate natural child and the second child is the adopted child which is deemed wrong. Besides, the myth that prevails in society is that people are inclined to believe that a boy is preferred more than a girl. CHANGES OF ADOPTION IN 19TH CENTURYIn the 1950s, there were agencies easing the adoption process as at the time child adoption was a long drawn and arduous process taking anywhere between 3 and 5 years. Children were discriminated against because of the color of their skin. Subsequently, all of these things altered as many white parents began adopting black kids and gradually the adoption process accelerated.CHILD ADOPTION LAWS IN INDIAHindu Adoption and Maintenance Act, 1956 is for Hindu, Jain, Sikh, Buddhist communities and parents of these communities are eligible for legal adoption of a child with sweeping rights granted to the children to inherit the property. The one and the only drawback is that the sex of an adopted child cannot be the same as that of the biological child. There have been tremendous improvements in the adoption laws but lack of uniform code has resulted in many childless couples not being able to adopt a child. If these couples were to be permitted to adopt a child then it's unimaginable the number of children that would have a window to a better life including a bright future without any gender bias in the adoption of a child. Parenthood is essentially about love, not so much about DNA.Call 7604047601 for a consultation with registered expert adoption lawyers on Vidhikarya.

Posted By

Avik Chakravorty

11 hours ago

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When Can A Muslim Wife File A Suit For Judicial Di...

All Muslim marriages must be in compliance with Muslim personal law. The original concept of Divorce has undergone sea changes after the Dissolution of Muslim Marriage Act, 1939 was enacted. Conforming to this Act the concept of judicial divorce emerged in the context of Muslim marriages empowering women to file for divorce which previously was solely the prerogative of Muslim men in a male-dominated society.Lawyer’s definition of judicial divorce is essentially taking legal action to put an end to the matrimonial bonding between partners. According to Muslim Personal law the husband is empowered in whimsically divorcing his wife. Conversely, a Muslim wife isn’t equally empowered to file for divorce nonetheless she can get divorced on the basis of Khula akin to mutual consent divorce. As far back as in the year 1939 the concept of judicial divorce emerged as the Dissolution of Muslim Marriage Act, 1939 was enacted. With the passing of this Act, the provisions of Muslim law related to marriage dissolution suits were consolidated and clarified. This Act underscores the fact that the wife can file for divorce but not the husband. Grounds for decree for dissolution of marriage A woman married under Muslim law shall be entitled to obtain a decree for the dissolution of her marriage on any one or more of the following grounds, namely: (i) that the whereabouts of the husband have not been known for a timescale of four years; (ii) that the husband has neglected or has failed to provide for her maintenance for a period of two years; (iii) that the husband has been sentenced to imprisonment for a period of seven years or upwards; (iv)that the husband has failed to perform, without reasonable cause, his marital obligations for a period of three years; (v) that the husband was impotent at the time of the marriage and continues to be so; (vi) that the husband has been insane for a period of two years or is suffering from leprosy or a virulent venereal disease; (vii) that she, having been given in marriage by her father or other guardian before she attained the age of fifteen years, repudiated the marriage before attaining the age of eighteen years: Provided that the marriage has not been consummated;(viii) that the husband treats her with cruelty, that is to say, (a) habitually assaults her or makes her life miserable by cruelty of conduct even if such conduct does not amount to physical ill-treatment, or (b) associates with women of evil repute or leads an infamous life, or (c) attempts to force her to lead an immoral life, or (d) disposes of her property or prevents her exercising her legal rights over it, or (d) obstructs her in the observance of her religious profession or practice, or (e) if he has more wives than one, does not treat her equitably in accordance with the injunctions of the Quran; on any other ground which is recognised as valid for the dissolution of marriages under Muslim law: Provided that  (a)no decree shall be passed on ground (iii) until the sentence has become final; (b)a decree passed on ground (i) shall not take effect for a period of six months from the date of such decree, and if the husband appears either in person or through an authorised agent within that period and satisfied the Court that he is prepared to perform his conjugal duties, the Court shall set aside the said decree; and (c)before passing a decree on ground (v) the Court shall, on application by the husband, made an order requiring the husband to satisfy the Court within a period of one year from the date of such order that he has ceased to be impotent, and if the husband so satisfies the Court within such period, no decree shall be passed on the said ground.Effect on DowerThere will be absolutely no effect on the Muslim women rights, as per the Muslim Personal Law, to dower and the provisions of the Dissolution of Muslim Marriage Act,1939 will not make any difference.

Posted By

Avik Chakravorty

13 hours ago

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