Saturday, September 26, 2015

How to Adopt a Child

On 17.07.2015 the Central Government notified the following Guidelines issued by the Central Adoption Resource Authority, superseding the Guidelines Governing the Adoption of Children, 2011 to provide for the regulation of adoption of orphaned, abandoned or surrendered children.
•         Adequately defined terms like ‘prospective adoptive parents’ and ‘surrendered child’ find a place in the preliminary provisions, which also deal with the fundamental principles governing adoption of children and permitting prospective parents’ adoption on realization of the eligibility criteria. Couples having more than four children are not to be considered for adoption.
•         Declaration of an abandoned or orphaned child as legally free for adoption shall be done by issuing an Order for the same by the Child Welfare Committee as per the format in Schedule-1. With respect to a surrendered child, recourse to counseling shall be taken to discourage surrender by biological parents. On account of surrender being inevitable, a deed of surrender shall be executed with accordance to the terms, however no advertisement to be issued in case of a surrendered child.
•         Home study report of the prospective adoptive parents shall be prepared by the adoption agency and be completed within one month, on the basis of which the eligibility of the prospective adoptive parents shall be declared along with reasons. The registration of an adoption deed is not mandatory. The Specialised Adoption Agency shall file the adoption petition in the courthaving jurisdiction over the place where it is located, within seven days from the date of acceptance by the prospective adoptive parents for obtaining the necessary adoption.
•         Pertaining to inter-country adoption, profiles of two children shall be referred to the authorised foreign adoption agency. In case the prospective adoptive parents fail to reserve any of the children within ninety-six hour, then the profile of both the children stand automatically withdrawn. No objection certificate shall be issued by the Central Adoption Resource Authority within ten days from the date of receipt of the acceptance of the child by the prospective adoptive parents. For obtaining Indian passport for the adopted child, the specialized adoption agency shall submit the application to the regional passport officer within three working days from the date of receipt of a certified copy of the adoption order. The child shall be entitled to receive care, protection and rehabilitation through the child protection services in the event of adjustment problem.
•         Directions given which specifies the procedure for renewal, suspension and inspection of Specialised Adoption Agency and enlisting the various functions of the Agency towards children and biological as well as prospective adoptive parents. Role of the Indian diplomatic missions in inter-country adoption of Indian children also finds mention.
•         Miscellaneous provisions determining seniority of the prospective adoptive parents facilitating the root search and adoption of children with special needs, also finds acknowledgment.
Team Daniel & Daniel
Ph:- 9962999008


Monday, September 21, 2015

How to Get Divorce for Indian Christians

The Indian Divorce Act deals with divorce among Christians. The reasons are almost similar to the ones under the Hindu Marriage Act. Roman Catholics do not come under the purview of any divorce proceedings since the Roman Catholic Church has not recognise divorce. The Divorce Act also does not contain any provision for divorce by mutual consent.Maintenance: During the period when the divorce case is in the court, the husband has to give one fifth of his salary for the maintenance of his wife. Later, maintenance can be given either yearly or once for all as total settlement.Custody: Custody of the child is decided by the court after going into the details of each individual case.

The Dissolution of Marriage and Judicial separation (under the Indian Divorce Act, 1869), allows a Christian wife to file petition for a divorce either in High Court or District Court on the grounds…
o      That her husband has exchanged his profession of Christianity and gone through a form of marriage with another woman.
o      Has been guilty of incestuous adultery.
o      Has been guilty of bigamy and adultery.
o      Has been guilty of rape, sodomy or bestiality.
o      Is guilty of adultery coupled with desertion, without reasonable excuse for two years or more.
The Indian Divorce Act, 1869, is an attempt to amend the law relating to the divorce of Christians and to confer jurisdiction on certain Courts in matrimonial matters.Section 7 of the Act specifically provides for the application of the principles and rules on which the Court for Divorce and Matrimonial Causes in England acts and gives relief.
The relief granted under Indian Divorce Act, 1869…
o      Dissolution of marriage
o      Nullity of marriage
o      Judicial separation
o      Protection orders
o      Restitution of conjugal rights.
The Courts also have powers to:
o      Order adulterer to pay damages and costs
o      Order alimonypendante-lite (pending decision of the Court) or permanent
o      Order settlement of property
o      Make order as to custody of children in a suit or separation
Though Section 22 of the Act bars ‘divorce mensa et toro’ (a decree that can be obtained without the presence of the other party, an exparte decree), it provides forobtaining a decree for judicial separation on grounds of
o      adultery
o      cruelty
o      desertion, without reasonable excuse for two years or more.
Once the separation is awarded, from the date of the sentence, the separated wife would be deemed spinster, with respect to property, which she may acquire or which may devolve on her. This status would apply for the purposes of contract, wrongs and injuries and suing and being sued in civil proceedings.

Talk to your Divorce Lawyer @ 9884883318