In India, a marriage certificate acts as a legal document and proof of marriage between two individuals and provides security to both. It helps the couple in proving the legality of their marriage no matter what caste or creed the couple belongs to. A marriage certificate is beneficial for getting a passport, visa, work permit, joint loan, life insurance, family pension, etc. It acts as a legal document, if the spouse dies without nomination. One can claim the benefits accrued during the course of employment of the spouse.

Here is how you can register your marriage:

The marriage can be registered under these two legislation are Hindu Marriage Act, 1955 (HMA) or The Special Marriage Act, 1954 (SMA). The HMA applies when both husband and wife are Hindus, Sikhs, Buddhists, Jains, and people who practice Hinduism. The SMA applies to couples who belong to two different religions (inter-religion marriage).

It is beneficial in proving marriage is legal while filing complaints for legal separation (divorce), alimony, child custody, maintenance, and one cannot approach the court without the marriage certificate. But in India, a marriage certificate is not taken seriously, however by registration the couple can avail a number of services and facilities available to them.

On 14 February 2006[ Seema v/s Ashwani Kumar], it is mandatory by a directive of the Honorable Supreme Court to registered marriage. Registration of marriage certificate is a civil matter registered under section 8 of Hindu Marriage Act, 1955, which is issued by the registrar with the date of marriage, place, time and witness.

Eligibility of person for registration –

• The age of boy (Bridegroom) should be 21 years and girls (bride) should be 18 of years.
• The individuals should not have carried any prohibited degree.
• At the time of marriage there status should be single.

The Benefits from registration is –

• It is easy to take legal proceeding in of succession of property.
• If the couple is willing to fly and settle abroad, a marriage certificate is certainly one of the important documents for the spouse to get the dependent visa
• In case the death of Insurer or depositee without putting nominee in the account then marriage certificate is important for claiming Family Pension or Bank Deposits or Life Insurance.
• The court need marriage certificate for child custody and transfer of property in case of legal separation.
• The registration of marriage is a safeguard against the bigamy.
• As a custom a woman changes her surname after the marriage, marriage certificate would act as proof as to why there is a change in the surname
• Foreign country and Indian embassies do not recognize traditional marriage solemnized in any form. They only recognized legal marriage certificates.

Process of Registration –

1. For registration proper document must be submitted by both Husband and Wife. Important Document - Aadhar card/ PAN Card/ Passport/Driving License/ Any Government recognized document.
   
   
   1. Proof for DoB – Birth Certificate, certificate from school, 10th Board Certificate.
   2. Document of witness – Any Govt. recognized document
   3. Affidavits (prepared by Advocates) and application form in prescribed format
   4. 2 colour photograph of both bride and groom
   5. Separate affidavits on behalf of both Husband and Wife in prescribed format on Rs. 10 stamp paper containing all material particulars
   6. Marriage Card
   7. Marriage Photograph
   8. Affidavit in case of name change of bride after the marriage.
   
   
2. Application is made at the office of SDM (Sub-Divisional Magistrate) in whose jurisdiction the husband and wife reside.
3. Fill the application form duly signed by both husband and wife
4. Verification of all the document is carried out on the date of application itself.
5. Appointment day is fixed and the communicated to the parties for the registration
6. Date of appointment couple with witness need to be present before the SDM
7. Finally, the certificate of marriage is then issued from the office of the Registrar of Marriage.

Registration of marriage under the Special Marriage Act –

• Document foe Identification any government recognized.
• The application need to be submitted and there will be 30 day notice period as anyone has objection or not
• A copy of notification they put on the wall display of respective office and sent the copy to the respective addresses of both husband and wife.
• After the gap of 30 days the process of registration done. Then at that time both couple and witness need to present on the same day.

In case of second marriage registration –

• Divorcees need to present his/her divorce certificate, death certificate along with other Government recognized documents.
• Under the registration of HMA they should pay Rs. 100 fees to the cashier of the district and Rs.150 fees in the case of SMA.

Jurisdiction of registration done under the Gram Panchayat/Municipality/Corporation where they both live.

DEFINITION OF WILL:

Section 2(h) of Indian Succession Act, 1925 provides that will is a legal declaration of the intention of testator i.e. the person who is executing a will with respect to this property which he/she desires to come into effect after his death.

If the person dies intestate i.e. without executing a will then his property disposed as per the rules of succession, whereas, if he/she has executed will before his/her death, then after his death his property is disposed off in favour of the person in whose favour the will is executed as per the provision.

WHO CAN EXECUTE A WILL:

Section 59 of Indian Succession Act says any person with sound mind and who is a major can dispose of property via a will.

1. A Hindu married woman is capable of disposing by will only that property which she can alienate during her lifetime.
2. The person who is deaf, dumb or blind can prepare a will if they are able to prove that they were aware of what they were doing.
3. Provide for persons who are mentally ill and insane. However subsequent insanity does not make the will invalid i.e. if a person makes a will while he is of sound mind and then subsequently becomes insane the will is valid and is not rendered invalid by subsequent insanity. Further a person of unsound mind can make a will during his/her lucid interval.

WHAT KIND OF PROPERTY CAN BE DISPOSED OFF BY A WILL:

In order to execute a will, a person can dispose off both his movable and immovable property. However, the property must be self-acquitted or either that property must be narrated by the way of succession. If both the cases are not there then that property can not be disposed off by the way of execution of will.

HOW CAN “WILL” BE EXECUTED:

It is often said that in order to execute a will, we have to go to the court and hire a lawyer. However, a will can be executed even on a simple piece of paper without the help of any lawyer. It can be typed or hand written, however, it must contain the contexts or the wish of the testator and the signature or the thumb impression of the testator. Moreover, it must be attested by 2 witnesses by way of signature of the witnesses over the other. However, below mentioned cannot be a witness at the time of execution of the will

• A person in whose favour the will is executed;
• Minor;
• A person of unsound mind.

ESSENTIAL ELEMENT OF WILL:

1. Declaration made by the testator:
   Testator has to make 2 declarations :-
   
   1. Any property that mentioned in the will should be under the testator’s ownership.
   2. While making the will, the testator was not under any kind of pressure and/or undue influence.
2. The property referred in the will has to be described clearly.
   Ex. If it is house or a land then the exact address and measurement of the house or land has to be given.
3. Beneficiary is a person to whom the testator wants to give the property to, such a person has to be clearly mentioned in the will including the name and address.
4. To ensure the validity of the will, signature of 2 witnesses to sign at the bottom of the will is mandatory, so that they can attest to the fact that it was in their presence when the testator has signed the will.

WHETHER A WILL HAS TO BE REGISTERED OR NOT:

According to Section 18, Registration Act, the will is not compulsory nor does it have to be on a stamp paper but however if it is registered it creates a strong evidence of genuineness of the will.

REASON FOR MAKING A WILL:

1. How your assets will be distributed on your debt, will be set out in your will in accordance with your wishes otherwise the Succession Act of 1965 determines who gets what.
2. If you have children, a will allows you to provide for those children and also the special needs of a loved one so it may well be that if you have minor children, you may want to appoint different trustees or different guardians depending on the particular circumstances. Support, if you have minor children in particular its very good reason for make a will.
3. Tax advantages as well in making a will because it can ensure if its drafted correctly and some thought and consideration is put into it to ensure the minimum amount of tax going to the state otherwise is an intestacy situation and you do lose control of where your assets go and you lose any benefits or advantage that you might have from some smart tax planning.
4. It is cheaper and faster to administer your estate with a will, rather than an intestacy situation.
5. You choose who handles your affairs on death rather than having the law decides because you don’t pick an executor if you don’t make a will then you have an intestacy situation and who is entitled to administer your estate will be determine by the court rules and that sets out a hierarchy of people.
6. The peace of mind that comes from knowing that you are not leaving problems behind for your loved ones when you pass away is priceless.

COMMON MISTAKES:

1. If you appoint alternative executors your will fails for uncertainty.
2. A witness or his spouse cannot benefit under the will.
3. A will is revoked by marriage, but not by divorce.
4. Lack of clarity causing the will to fail.

REVOCATION OF THE WILL:

1. Section 62 of the Indian Succession Act deals with the characteristic of a will being revocable or altered anytime of the testator. Section 70 of ISA provides the manner in which it can be revoked.
2. Revocation must be in writing and signed by testator in presence of two witnesses and attested by both of them too.
3. Revocation clause in new ‘Will’ will make old will ineffective, if there is no revocation clause in new will then old ‘Will’ will be ineffective for the part which is inconsistent with new will. If there are no inconsistencies then both ‘Will’ will be read together as single will.
4. The will maybe burnt or torn by the testator or by some other person in his presence and by his direction with the intention of revoking the same.

CONCLUSION:

Will although is considered fancy and unessential document considering the fact that the making or registration of the same being unessential, but it is an important document, which decides the fate of not only your loved ones, but also distribution of the property. Without the will it becomes difficult to dispose of the property, with the involvement of the State coming into play. If a person dies without a will, there are fair chances of the state usurping the whole property. It is a paradox that yet almost 80% Indians die without utilizing this privilege.

What is Adoption?

According to JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT 2015 (hereinafter referred as JJ Act) “adoption” means the process through which the adopted child is permanently separated from his biological parents and becomes the lawful child of his adoptive parents with all the rights, privileges and responsibilities that are similar to that in case of a biological child to a biological child (according to (Sec 2(2) of JJ Act, 2015 & Sec 12 of HAMA, 1956).

Three kinds of children:

Parthenogenesis: Are that is created by its own accord Either God or the representative of the God.

Biological children: Biological children are blessed and fortunate to have their parents since birth.

Adoptive children: The oppressed/depressed/dejected and abandoned children waiting for adoptive parents, fate and circumstances.

Adoption Legislations

• Hindu Adoption Maintenance Act, 1956 (HAMA)
• Juvenile Justice (Care & Protection of Children) Act, 2015 (JJ Act) (Came into effect from 15 January 2016)
• Model JJ Rules, 2016 (Came into effect from 21 September 2016)
• Adoption Regulations, 2017 (Came into effect from 16 January 2017)

Hindu Adoption Maintenance Act, 1956 (HAMA)

• An Act only for Hindus, as the child, the giver and the taker has to be a Hindu (a Muslim, Christian, Parsee, Jews, any member of a scheduled tribe governed by their customary law cannot adopt) (Sec 2 of HAMA)
• Eligibility of adoptive parents (Sec 6 to 8 of HAMA)
  • Only a Hindu, Buddhist, Jain, or Sikh husband above the age of 18 can adopt under this act only with the consent of his living wife (Husband is the adopter and wife is merely consenter)
  • A single female (unmarried, divorcee or widow) can also adopt (Sec 8 (c))
  • A person having a male child cannot adopt a male child A person having a girl child cannot adopt a girl child
  • Age difference between the adoptive father and the adoptive girl child to be at least 21 years (Sec

• The child has to be below 15 years of age (Sec 10(iv) of HAMA)
• Provision of payment or reward and any contravention shall be punishable (Sec 17 of HAMA)
• Adoption can be concluded through a registered Adoption deed subject to compliance with the provisions of the Act (Sec 16 of HAMA)
• Courts permission to adopt under this act is required only in the following cases (Sec 9(4) of HAMA):
  • where both the father and mother are dead
  • where both the father and mother have completely and finally renounced the world
  • where both the father and mother have abandoned the child
  • where both the father and mother have been declared to be of unsound mind by the court concerned
  • where the parentage of the child is not known

• Valid Adoption cannot be cancelled (Sec 15 of HAMA)

Juvenile Justice Act, 2015 (JJ Act)

• Anybody irrespective of religion can adopt a child under this act) (Sec 58(1) of JJ Act)
• Nothing in this act shall apply to adoption under HAMA (Sec 56(3) of the JJ Act)
• All Inter-country adoptions shall be done as per provisions of this Act & Adoption Regulations framed by the Authority (Sec 56(4) of the JJ Act)
• Children up to the age of 18 can be adopted under this Act (Sec 2(12) of the JJ Act)
• Orphan, Abandoned & Surrendered (OAS) children declared legally free for adoption by CWC (Sec 38 of JJ Act & Reg 6, 7 of AR 2017) can be placed in In-country and Intercountry adoptions (Sec 56(1) of the JJ Act, Reg 4 (a) of AR 2017)
• Children of relatives, as defined in Sec 2(52) of the JJ Act, can be adopted by a Incountry parent (Sec 56(2) of the JJ Act & Reg 51 of AR 2017)
• Children of relatives, as defined in Sec 2(52) of the JJ Act, can be adopted by a Intercountry parent (Sec 60 of the JJ Act & Reg 53, 54 of AR 2017)
• Eligibility of Prospective Adoptive Parents (herein after referred as PAPs) (Sec 57 of the JJ Act & Reg 5 of AR 2017)
  • A couple/single parent can adopt
  • Single male not eligible to adopt a girl child
  • PAPs age eligibility criteria is defined
  • Minimum 2 years stable marital relationship is mandatory
  • PAPs with 3 or more children shall not be eligible to adopt a normal OAS child
  • Eligibility and suitability of the PAPs are ascertained through a Home Study by the SAA ( Sec 58(2) of the JJ Act & Reg 9(13) of AR 2017)

• Court Procedure is defined in Sec 61 of the JJ Act & 12, 17, 55 of AR 2017
• Post adoption Follow up of the adoptive family both in case of In-country and Inter-country is undertaken for 2 years by the Specialized Adoption Agency and the Authorised Foreign Adoption Agency respectively (Reg 13 & 19 of AR 2017 respectively)

Difference between (HAMA) & JJ Act

Sl. No.	HAMA	JJ Act
1	Only for Hindus	Applicable to all
2	Same sex children cannot be adopted	No such conditions
3	Registered deed finalizes adoption, court permission required in some cases	Adoption order finalizes adoption, deed is not required
4	OAS children in Specialized Adoption Agency (SAA) / Child Care Institutions (CCI) belong to the State & cannot be adopted under HAMA. Such application should not be entertained by the courts	JJ Act provisions for rehabilitation of OAS children in the SAA/CCI and these children have to be placed in adoption under this Act
5	Suitability of the PAPs, sourcing of the child and the post-adoption follow up cannot be ascertained/ensured for adoption under HAMA	Welfare & Best Interests of the Child is ensured due to the built in mechanisms in the JJ Act
6	Courts may require services of Scrutiny Committee in case declaratory suit is filed for adoptions under HAMA	There is no requirement of scrutiny and the same has not been envisaged under JJ Act due to the built in scrutiny mechanisms
7	Inter-country adoptions cannot be done under HAMA as these fall under private and direct adoption and is not supported by Hague Convention on Adoptions	All Inter-country adoptions shall be done only as per provisions of this Act (Section 56(4) of the JJ Act, 2015)

Guardians and Wards Act, 1890 (GAWA)

• Not an Adoption Law as it does not establish parent child relationship
• Establishes only a Guardian and Ward relationship only till the child attains the age of 18 years
• The cases applicable under GAWA may be admissible under Civil Miscellaneous Applications (CMA) or Miscellaneous Judicial Case (MJC)
• Eligibility for applying for guardianship order and the court procedure as per CPC, 1882 is defined under Sec 7 to 26 of GAWA.
• Guardianship petitions can only be filed by a person entitled as defined in Sec 8 of GAWA
• PAPs are resorting to filing an application under GAWA for taking custody of OAS children with a view to undertake adoption under HAMA through a deed
• Rehabilitation of OAS children has to be as per the JJ Act 2015 and such petitions should not to be entertained
• In case of applicant being given guardianship under GAWA, the interest of the child cannot be ensured in the absence of proper eligibility check and follow up
• They have no legal rights and responsibilities towards each other as soon as the child attains majority (18 years).

Hague Convention on Inter-country Adoption

• The Hague Convention of 29 May 1993 on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Adoption Convention) protects children and their families against the risks of illegal, irregular, premature or ill-prepared adoptions abroad.
• This Convention, which operates through a system of national Central Authorities, reinforces the UN Convention on the Rights of the Child (Art. 21) and seeks to ensure that intercountry adoptions are made in the best interests of the child and with respect for his or her fundamental rights.
• It also seeks to prevent the abduction, the sale of, or traffic in children.
• India became signatory to this convention in the year 2003

What is the Central Adoption Resource Authority? 

It is the Central Authority of India, which is mandated to promote & facilitate domestic adoptions, regulate inter-country adoption and frame Adoption Regulations as per Section 68 of JJ Act(C&PC), 2015. 

What is the role of a Specialized Adoption Agency (SAA) in the adoption process? 

SAA helps to facilitate the process of adoption for the children in its institution, along with children in the Child Care Institutions links to the SAA. It also has the responsibility to provide care and protection to every child in its institution. 

Who can be adopted?

1. Children up to the age of 18 years can be adopted. (Section 2(12) of Juvenile Justice (Care and Protection) Act, 2015).
2. According to Section 56(1), a couple or a single parent can adopt an orphan/ abandoned/surrendered child.
3. Also, children of relatives can also be adopted by In-country parents (Section 56(2)) and by Inter-country parents as well. (Section 60).

Eligibility of the Prospective Adoptive Parents (PAPs)

According to Section 57 of the Act:

1. Must be physically fit, financially sound, mentally alert and highly motivated to adopt a child for providing a good upbringing to him.
2. In case of a couple, consent of both the spouses necessary for the adoption.
3. A single or divorced person can also adopt, subject to fulfilment of the criteria and in accordance with the provisions of adoption regulations framed by the Authority.
4. A single male is not eligible to adopt a girl child.
5. No child shall be given in adoption to a couple unless they have at least two years of stable marital relationship.
6. The age of prospective adoptive parents, as on the date of registration, shall be counted for deciding the eligibility and the eligibility of prospective adoptive parents to apply for children of different age groups
7. The minimum age difference between the child and either of the prospective adoptive parents shall not be less than twenty-five years.
8. The age criteria for prospective adoptive parents shall not be applicable in case of relative adoptions and adoption by step-parent.
9. Couples with three or more children shall not be considered for adoption except in case of special need children, hard to place children and in case of relative adoption and adoption by step-parent.

Process for Declaring Orphan/Abandoned Children Legally Free for Adoption

• To be produced before Child Welfare Committee within 24 hours along with the report about the facts and circumstances in which the child found (Sec 31 of JJ Act & Reg 6(2) of AR 2017)
• A copy of the above report as per Form 17 of JJ Model Rules, 2016 to be submitted to the local Police station within 24 hours Interim care order by CWC to a SAA or CCI to keep the child pending
• inquiry (Sec 36(1), 37(1) of JJ Act & Reg 6(4) of AR 2017)
• Photo publication of the child by DCPU in newspaper within 3 working days to trace out the biological parents/legal claimant (Reg 6(6) of AR 2017)
• Entering of the particulars of the child in the designated Portal for missing and found children by the SAA or CCI concerned (Sec 32(2) of JJ Act & Reg 6(6) of AR 2017)
• Social investigation completed within 15 days and the report be provided to the CWC by the SAA/CCI and DCPU within 30 days to enable the CWC to pass the final order within 4 months of first production of the child (Sec 36(1)(2), 38 of JJ Act & Reg 6(10)(14) of AR 2017)
• CWC to declare the child legally free for adoption if biological parent/legal guardian could not be traced out within a period of 2/4 months in case of a child younger/older than 2 years respectively from the date of production of child (comments under Sec 38 of JJ Act & Reg 6(13) of AR 2017)
• Non receipt of Police report within stipulated time frame of 2/4 months in case of a child younger/older than 2 years respectively shall be deemed to have been given (Reg 6(11) of AR 2017)
• At least 3 members of the CWC shall sign the order declaring the child legally free for adoption (Sec 38(4) of the JJ Act & Reg 7(17) of AR 2017)
• In case of siblings or twins, they shall be declared legally free in a single order by CWC (Reg 6(19) of AR 2017)
• After the certificate declaring the child legally free for adoption is uploaded by the SAA (within 48 hours from the receipt of such certificate (Reg 29 (d) of AR 2017)) on CARINGS, only then the child is referred to the registered and eligible PAPs.

Eligibility of PAPs for Adoptions

• Home study to check the suitability and eligibility of the PAPs is conducted by the social worker of a SAA in the place of PAPs’ residence (Reg 9(7)(8) of AR 2017)
• Home Study Report (HSR) is prepared in the format given in Schedule VII of AR 2017 which has a validity of 3 years (Reg 9(10) to (12) of AR 2017)
• PAPs are declared suitable based on the HSR and only then they are eligible for adopting a child depending upon the availability of a suitable child (Reg 9(13)(17) of AR 2017)

Court Procedure

• Adoption gets concluded legally after obtaining an adoption order from the court concerned
• Court means civil court , which has jurisdiction in matters of adoption and guardianship and may include the District Court, Family Court or City Civil court (Section 2 (23) of the JJ Act)
• Court Procedure is defined in Sec 61 of JJ Act & Regulations 12, 17, 55 of the Adoption Regulations
• Procedure before the Court shall not be bound by the procedure laid down in the CPC, 1908 (Rule 45 of the JJ Rule)
• The application for Adoption Order is non-adversarial in nature, the SAA and the PAPs are co-applicant and there shall not be any opposite party or respondent (Reg 12(5) of AR 2017)
• Five different model applications for different types of Adoptions are provided in Schedules XXVIII to XXXII of AR 2017
• List of documents to be attached for different types of Adoptions applications have been enumerated at Schedules VI & IX of AR 2017
• In case the PAPs are habitually residing abroad, they may permit the Social worker of the SAA to represent them through a Power of Attorney (Reg 17(2) of AR 2017))
• SAA shall files the application in the Court within 10 working days after matching/NOC (Reg 12(1) , 17 (a) of AR 2017)
• In case Child is from a CCI linked to the SAA, the CCI also becomes co-applicants along with the PAPs (Reg 12(3) of AR 2017)
• A single petition is filed for twins or siblings (Reg 12(4) of AR 2017)
• All court proceedings to be held in camera and disposed within 2 months of date of filing (Sec 61 (2) of the JJ Act & Reg 12 (6) of AR 2017)
• Adoption Order should not stipulate execution of bond or making investment by the PAPs in the name of the child (Reg 12(7) of AR 2017)
• Registration of Adoption deed shall not be mandatory as per the Act (Reg 12(9) of AR 2017)
• Petition filed by PAPs to adopt a child of a relative, should carry the consent letter of biological parents or permission of CWC as per Schedule XIX or Schedule XXII of AR 2017 respectively (Reg 51(2) & 55(1) of AR 2017)
• In case of Inter-country Relative Adoption, the PAPs shall file an application in the District where the child resides (Reg 55(3) of AR 2017
• Before issuing the court order the court shall satisfy itself as mandated under Section 61(1) of the JJ Act
• Before issuing an adoption order, the court shall satisfy itself that:-
  • That the adoption is for the welfare of the child.
  • That due consideration has been given to the wishes of the child having regard to the age and understanding of the child.
  • That neither the PAPs have given and agreed to give nor the agency or the parent or guardian of the child in case of relative adoption has received or agreed to receive any payment or reward in consideration of the adoption, except as permitted under the adoption regulations framed by the Authority (CARA) towards the adoption fees or service charges or child care corpus.

• The adoption proceedings shall be held in camera and the case shall be disposed of by the court within a period of two months from the date of filing

A. In Case of Adoption by Indian Parents Living in India

• Apply to a Specialised Adoption Agency (SAA)

Any prospective parent, irrespective of their religion, can apply in a prescribed manner through Child Adoption Resource Information and Guidance System by filling an online application form and uploading relevant documents.

• Home study report of parents preparation

It is prepared by the SAA, which is to be selected by the prospective parent after the registration process is complete. The report, after its completion, will be posted in the Child Adoption Resource Information and Guidance System by the SAA. The report will act as the basis for the adoption of a child from anywhere in the country and will remain valid for three years.

• Referral of the child

On the basis of the seniority, the prospective parents are referred to the online profile of three children, including their photographs, Child Study report and Medical Examination Report, in their preference category, if any, from one or more Specialised Adoption Agencies. After viewing the profile of the child or children, the prospective parents have a time of forty-eight hours for reserving a child of their choice.

• Pre-adoption foster care

After acceptance of the child, the prospective adoptive parents shall sign the Child Report and Medical Examination Report. SAA gives the child in pre-adoption foster care and files an application in court for an adoption order.

• Adoption order and birth certificate

A certified copy of adoption order is forwarded to the prospective adoptive parents and request for the birth certificate of the child is filled to the issuing authority, with the name of adoptive parents as parents, and date of birth as recorded in the adoption order.

• Follow-up of progress of adopted child

The SAA will prepare the post-adoption follow up report on a six-monthly basis for two years from the date of pro-adoption foster placement with the prospective adoptive parents.

B. In Case of Adoption by Parents Living in Abroad

• Application

Prospective Parents living in a country which is a signatory to the Hague Adoption Convention and wishes to adopt an Indian child can approach the authorised Foreign Adoption Agency or the Central Authority concerned for the purpose of registration in the Child Adoption Resource Information and Guidance System and preparation of their Home Study Report.

• Referral of the child

After the Authorised Foreign Adoption Agency ascertains the eligibility of the prospective parents and after the completion and registration of their Application Form and Home Study Report, they are referred to with profiles of two children, based on their reference, if any. The prospective adoptive parents will have ninety-six hours to reserve one of the children referred to their choice. The Authorised Foreign Adoption Agency will also forward the original documents of the prospective adoptive parents to the Specialised Adoptive agency.

• No Objection Certificate and pre-adoption foster care

The prospective parents may take the child in pre-adoption foster care for a temporary period within India after the No Objection Certificate is issued by the Authority and while the court order is pending. The prospective adoptive parents will receive final custody of the child from the SAA as soon as a passport and visa are issued to the child after an adoption order from the court.

• Follow-up of progress of adopted child

The authorised Foreign Adoption Agency or any other concerned authority will report the progress of the adopted child for two years from the date of arrival of the adopted child in the receiving country, on a quarterly basis during the first year, and on a half-yearly basis in the second year.

C. In Case of Adoption by Relatives

In such a case, consent of the biological parents or permission of the Child Welfare Committee, along with the consent of the child if he is five years of age or above will be required.

• Filling of Application in Competent court

The prospective adoptive parents, who intend to adopt the child of a relative, must file an application in the competent court, along with the consent letter of the biological parents and along with all the necessary documents.

• Obtaining certified order

The prospective adoptive parents must obtain a certified copy of the adoption order from the court must get the same updated in the Child Adoption Resource Information and Guidance System.

Conclusion:

STEPS IN ADOPTING A CHILD:

1. Registration
2. Home study and counselling
3. Referral of the child
4. Acceptance of the child
5. Filling of petition: The necessary documents will be submitted to a lawyer who prepares a petition and submitted to the court. After the completion of the petition then the adoptive parents needs to visit to the court and sign the petition in front of the court officer.
6. Pre adoption poster care: After the petition is signed in the court, the child will be taken to pre-adoption foster care centre by the adoptive parents to understand the habits of the child before taking the child home.
7. Court hearing: the parents with adopted child should be present in court hearing which will be conducted in closed room with judge and judge will ask few question and tell to fix amount for the betterment of the child.
8. Court order: here judge will pass the adoption orders once the receipt of investment made in above made is completed with the receipt.
9. Follow up:

In case of orphan or abandoned child, the Committee shall make all efforts for tracing the parents or guardians of the child and on completion of such inquiry, if it is established that the child is either an orphan having no one to take care, or abandoned, the Committee shall declare the child legally free for adoption.

According to section 56 of the Act orphan, abandoned or surrendered children may be adopted, irrespective of the relation, religion, country barrier by the orders of competent court.

Section 57 deals with the competency of PAPs Paps/pap should be physically fit, financially sound, mentally alert and highly motivated to adopt a child for providing a good upbringing to him. In case of a couple-consent required. A single or divorced person- can also be a single male, can’t adopt a girl child.

Satisfaction of the court- sec-61 Adoption is for the welfare of the child; Due consideration is given to the wishes of the child No payment or reward demanded or paid / made. The adoption proceedings shall be held in camera Case shall be disposed of by the court within a period of two months from the date of filing.

That ADOPTION PROCESS in the court is NOT A GENERAL COURT PROCEEDING In this the parties are not LITIGANT or litigating It is NOT A SUIT but an application (Misc. Adoption Application) STRICT RULE of C.P.C and EVIDENCE ACT is not applicable. ADJOURNMENTS must be EXPLAINED as you have to DISPOSE OF the matter within TWO MONTHS. RECORD of the case should be kept in SAFE CUSTODY

In case an abandoned or orphan child is received by a Child Care Institution including a Specialised Adoption Agency, such a child shall be produced before the Committee within twenty-four hours (excluding the time necessary for the journey) along with a report in Form 17 containing the particulars and photograph of the child as well as the circumstances in which the child was received by it and a copy of such report shall also be submitted by the Child Care Institution or a Specialised Adoption Agency to the local police station within the same period.

L.K.PANDEY V. UNION OF INDIA A.I.R 1984 PAGE 469- AUTHER JUSTICE P.N.BHAGWATI - Held –children have right to love. -Suitable parent should be searched in country first. -Welfare of the child is of prime importance. HSR WITH MER, MARRIAGE CERTIFICATE with RECENT PHOTOGRAPH Income suitability with documents.

JASMINE KAUR V. UNION OF INDIA

FACTS:

The petitioner- a minor child, named- Jasmine Kaur, she is one of the twin daughters born on 15-11-2017, to her natural parents Mr Manohar Lal and Mrs Gian Kaur; Mrs Balbir Kaur, 53 years old, is a NRI, OCI card holder, UK citizen and wife of Mr Paramjit Singh, permanent resident in UK, she is also the real sister of Mrs Gian Kaur. The petitioner was adopted by above mentioned Mrs Balbir Kaur and Mr Paramjit Singh from her natural parents, the adoption was done as per Sikh rites and ceremonies at a Gurudwara in Jalandhar, a certificate to that effect was issued, and this adoption was completed under the Hindu Adoption and Maintenance Act, 1956 (hereinafter referred to as HAMA,1956). A registered adoption deed was executed on 16-11-2018 between the adoptive parents and the natural parents. The previous birth certificate dated 17-08-2016, bearing the name of the natural parents, after adoption a new birth certificate was issued on 29-11-2018 in the name of the adopted parents i.e. Mr Paramjit Singh and Mrs Balbir Kaur. The petitioner had applied for a passport, providing relevant and necessary documents for the same, however the Passport Authority refused her passport on the ground that a NOC from Central Adoption Resource Authority (hereinafter referred to as CARA) or photocopy from Recognized Indian Placement Agency (RIPA) was required and had not been submitted by the petitioner. The case was filed seeking direction for the dismissal of the requirement of NOC by the Passport Authority.

ISSUES:

1. Whether a direct adoption made between relatives under the Hindu Adoption and Maintenance Act, 1956 is valid; do that facts of the present case fall under the Juvenile Justice Act, 2015 (hereinafter referred to as J.J Act, 2015) or can adoption in the present case only be under the Juvenile Justice Act.
2. If NOC from CARA as mandated under section 60 of the Juvenile Justice Act required for direct inter-relative adoptions.
3. Does the Passport Authority have the authority to refuse to issue a passport beyond the statutory provisions of section 6 of the Passports Act, 1967?

LEGAL PROVISIONS:

1. Hindu Adoption and Maintenance Act, 1956, sections- 2, 5 and 15.
2. Juvenile Justice (Care and Protection) Act, 2015, section 56(3) and section 60.
3. Passports Act, 1967, Section 6.

PETITIONER CONTENTIONS:

The counsel for the petitioner argued that the petitioner was being denied a passport only on the ground of not submitting a NOC from CARA as mandated under the J.J Act, 2015. It was contended that the petitioner was adopted under a registered adoption deed, duly executed under the provisions of HAMA, 1956; and since the provisions of the J.J Act, 2015 are not applicable to the adoptions made under HAMA, 1956 and so the requirement of NOC from CARA will not apply to the petitioner.

RESPONDENT CONTENTION:

The respondent contended that even though the provisions of the J.J Act, 2015 are not applicable to adoptions made under the HAMA, 1956, it is mandatory for the adoption to be ratified by CARA. It also stated that the present case is of inter-country adoption as the adoptive parents are citizens of another country, the adoption will fall under the provisions of section 56(4) the J.J Act, 2015 and will thus; require NOC and registration from the concerned authority.

OBSERVATIONS MADE BY THE COURT:

The case was heard by Justice Nirmaljit Kaur, of the Punjab and Haryana High Court. Mr Anil Malhotra, Advocate, was appointed as amicus curie by the court to research if the provisions under sections 56(4) and 60 of the J.J Act, 2015 will apply to the present case by virtue of it being an inter-country adoption. It was clarified that the J.J Act was applicable to a limited class of children who are in conflict with law, orphaned, surrendered or abandoned by their parents. In this case, since the biological mother is the real sister of the adopted mother, the adoption does not fall under the J.J Act, 2015. The amicus curie pointed out that sections 56(4) and 60 of the J.J Act, 2015 pertaining to inter-country adoption have to be read in conjunction with section 56(3) of the same act which states that adoptions under HAMA, 1956 will not come under purview of the J.J Act, 2015. Once an adoption is applied for and registered under the HAMA, 1956, it cannot be challenged saying that the same should have been done under the J.J Act, 2015; section 15 of HAMA, 1956 clearly states that the adoption of a minor child is irreversible and cannot be revoked, until it is disproved on valid grounds by a court of law. It was also clarified that even if the adopted parents are British citizens, their religion (Sikh, in this case) does not change, thus maintaining their right to adopt under HAMA, 1956. The court cited the Supreme Court case of Lakshmi Kant Pandey v. Union of India (1984) and Anokha (Smt.) v. State of Rajasthan and others (2004), where it was clarified that the Juvenile Justice Act was not concerned with adoption of children by their biological parents, it was stated that biological parents have are capable of making their decision regarding the same; the act seeks to protect those children who have been and orphaned or abandoned and to regulate their adoption. The act does not seek to interfere with the rights of biological parents in giving their children in adoption to relatives (living in or outside the country), individuals of foreign origin, etc. on the issue of the Passport authority denying passport to the petitioner for failure to submit NOC from CARA, the court stated that since the adoption was duly registered under the HAMA, 1956, the respondents cannot question the validity of the adoption on the ground of not having a NOC from CARA. The provisions of Passport Manual, 2016 were brought to the notice of the court that required NOC from CARA, and court order on adoption, along with other requisite documents for issuance of a passport for inter-country adoption, the court asked the adopted parents to obtain the NOC for avoiding further difficulty in their transition from one country to another.

JUDGEMENT:

The court directed CARA to issue a NOC to the adoptive parents of the petitioner within two weeks. It directed the Ministry of External Affairs/ Regional Passport Office to upon receiving the NOC from CARA, to immediately issue a passport within two weeks so that the parents can take their child to UK.

The court expressed that the Juvenile Justice (Care and Protection of Children), Act, (2000) and now 2015 was framed to bring into legislation India’s commitment to the United Nations Convention on Rights of Child and other international protocols and guidelines that seek the protection and empowerment of children in conflict with law, abandoned, surrendered or orphaned; the law seeks to protect these children from being trafficked and other anti-social elements in the society. The provisions of the act are stringent to protect the rights of these children; and it does not seek to override an individual’s right to adopt as per their personal law if they choose to do so.

Close relatives can adopt a child under provisions of JJ Act: Bombay HC

A single judge bench of justice Manish Pitale on Wednesday struck down an order passed by District Judge-1, Yavatmal, rejecting an application filed by a local couple to adopt the daughter of the man’s sister.

The Nagpur bench of the Bombay high court (HC) has held that adoption under the Juvenile Justice (Care and Protection of Children) Act, 2015 cannot be restricted to abandoned, orphaned or surrendered children, and added that a person can adopt the child of a close relative under the Act.

A single judge bench of justice Manish Pitale on Wednesday struck down an order passed by District Judge-1, Yavatmal, rejecting an application filed by a local couple to adopt the daughter of the man’s sister. The district judge rejected the application saying the minor girl was neither a child in conflict with the law or one needing care and protection, and therefore the proposed adoption cannot be allowed under provisions of the JJ Act.

The adoptive parents then moved the HC. Their counsel advocate Ira Khisti pointed out that the district judge erred in taking an extremely strict view and submitted that a proper appreciation of the provisions of the JJ Act and Adoption Regulations, 2017 would show that the legislature has consciously made provisions for adoption of a child by relatives.

Amicus curiae KT Mirza supported her by pointing out that certain additional provisions are made in the JJ Act which provide for adoption by a relative and also brought to the notice of the court the schedule to the regulations, laying down specific formats for consent etc. in cases of adoption by relatives — maternal or paternal uncles or aunts or grand-parents.

Justice Pitale accepted their contentions and said, "A perusal of the provisions of JJ Act shows that an elaborate procedure is laid down and contemplated for adoption of a child by relatives, who are also specified under the said enactment."

"If adoption under the JJ Act, 2015 was to be restrictively applicable only to children in conflict with law or those in need of care and protection, such elaborate provisions governing the procedure for adoption by relatives or step-parents would not have been provided for," the court added.

Justice Pitale said that under the scheme of the JJ Act and Adoption Regulations, "adoption cannot be restricted only to children in conflict with law or those in need of care and protection or only those children who are orphaned, abandoned or surrendered," and therefore, the application filed by the applicant couple could not have been rejected.

HC said, in the present case, the child is sought to be adopted by the maternal uncle and aunt of the child and they are clearly covered by the definition of “relative” as appearing in section 2(52) of the JJ Act, 2015 and directed the district judge to decide the application jointly filed by the couple seeking to adopt the child as well as the biological parents for adoption the girl child.

Who is a Consumer?

A Consumer is a person who buys any goods or avails a service for a consideration. But, it does not include a person who obtains a good for resale or a good or service for commercial purpose. It covers transactions through all modes including offline and online through electronic means, teleshopping, multi-level marketing or direct selling.

What are the Rights of Consumers?

The following consumer rights have been defined in the Act, including the right to –

• Be protected against marketing of goods and services which are hazardous to life and property;
• Be informed of the quality, quantity, potency, purity, standard and price of goods and services
• Be assured of access to a variety of goods and services at competitive prices;
• Seek redressal against unfair or restrictive trade practices.

What is Consumer Forum?

If a consumer has bought some goods from the seller and he is not satisfied with it, he can approach the consumer forum to address his grievances. The Consumer Forum guides the consumer in filing a complaint in Consumer Court.

There are three types of Consumer Forums-

• District Consumer Dispute Redressal Commission ( If value of goods paid as consideration is upto 1 crore)
• State Consumer Dispute Redressal Commission ( if value of goods paid as consideration is between 1 crore to 10 crore)
• National Consumer Dispute Redressal Commission ( if value of goods paid as consideration exceeds 10 crore)

What are the criteria to file complaint in Consumer Forum?

• The consumer must have paid the consideration to the seller for the goods purchased.
• Goods must have been bought by the consumer for personal use and not for commercial use.
• The period of two years must not have been exceeded from date of cause of action.
• The consumer must be major, sane and solvent.
• Goods must be defective or the seller has adopted restrictive trade practices or goods are hazardous or goods are overcharged.

Steps to file complaint in District Consumer Dispute Redressal Commission- (only if value of claim is less than 1 crore)

1. Consumer must submit a written complaint to the District Forum. Consumer can file the complaint by himself or by an authorized representative. Details to be included in the complaint are name, address of the consumer and the seller, information about the dispute (date of purchase of goods or the date of availing the services) and also the damages to be claimed by the consumer. The consumer must put his signature or the complaint can bear the signature of an authorized representative. Supporting documents must be attached along with the complaint, i.e., transaction details, contractual papers, etc. The complaint should be filed within two years from cause of action.
2. The consumer must send a notice to the seller. He must keep the seller informed about the course of action that will be taken against him if he fails to compensate for the damages suffered by consumer or provide the consumer with replacement.
3. Court Fee:-
   
   

   Value of Goods or Service Paid as Consideration	Court Fee ( Rupee)
   Upto 5 Lakh	NIL
   Above 5 lakh and upto 10lakh	200
   Above 10 lakh and upto 20 lakh	400
   Above 20 lakh and upto 50 lakh	1000
   Above 50 lakh and upto 1 Crore	2000

   
   
4. The court fee must be paid through demand draft in the name of the President of the District Forum of that particular district. After the complaint is filed, the District Forum will have its first hearing. If the district forum thinks that the Dispute can be settled through mediation, it will call upon the parties for the same. Five days’ time will be given to the parties for their consent to have the Dispute settled through mediation. The parties must give their in writing.
5. The district Forum will decide on the relief measures to be given by seller to the aggrieved party, i.e., consumer. The relief can be replacement of goods or compensation for loss injured, etc.
6. If consumer is not satisfied with the decision of the district forum, an appeal petition can be filed before the State consumer Dispute Redressal Commission within 45 days from the time when the order of district forum is passed. Again if the parties are not satisfied with order of the State Consumer Dispute Redressal Commission, an appeal can be filed within 30 days in the National Consumer Dispute Redressal Commission.

Steps to file complaint in State Consumer Dispute Redressal Commission- ( when value of claim is between 1 crore and 10 crore or in the case of an appeal petition)

1. The aggrieved consumer must file an complaint by writing the name, address of both the parties, information on the purchase of goods (date of purchase), the cause of dispute and the damages to be claimed. Also supporting documents must be attached with the complaint, such as transaction details, contract papers etc.
2. The complaint must be paid with a fee in the form of demand draft. Demand draft must be taken in the name of Registrar of the State Consumer Dispute Redressal Commission.
3. The consumer can file an appeal petition in the State Consumer Dispute Redressal Commission, if incase he is not satisfied with the decision of the District Forum. The appeal petition must be filed within 45 days from the date of order by district forum. Documents that are required while filing appeal petition are- the certified order passed by district forum, more than four additional copies of appeal for each party. The appellant is must pay 25,000 rupees or 50 percent of the value claimed (whichever is less) as statutory deposit.

Steps to file complaint in National Consumer Dispute Redressal Commission- (when value of claim exceeds 10 crore)-

1. Aggrieved consumer can file a written complaint with the National Consumer Dispute Redressal Commission, if value of claim exceeds 10 crore. Name and address of both consumer and seller, date of purchase of goods, cause of dispute and damages to be claimed must be mentioned in the complaint. All supporting documents such as transaction details, contract papers, etc., must be attached with the complaint.
2. A demand draft of rupees 5000 must be made in the name of the Registrar of the National Consumer Dispute Redressal Commission.
3. If the aggrieved consumer is unhappy with the decision passed by State Consumer Dispute Redressal Commission, he can file an appeal petition in the National Consumer Dispute Redressal Commission. The appeal petition must be filed within 30 days from the date when the order was passed by State Consumer Dispute Redressal Commission.

If the Consumer is still unhappy with the decision of the National Consumer Dispute Redressal Commission, he can file an appeal petition in the Supreme Court within 30 days from the date of order passed by National Consumer Dispute Redressal Commission.