While the biological parents are Hindu, the child’s adoptive parents are Muslim.
Bengaluru:
A Division Bench of the Karnataka High Court has held that an agreement to adopt an unborn child is unknown to the law.
The court dismissed the appeals of the two couples who had settled in the matter.
“As on the date of the agreement, the child was in the womb of the appellant No.4 and the child was born on 26-3-2020, i.e. five days after the agreement between the parties. Thus, both the parties entered into an unborn settlement in respect of the child, which is unknown to the law,” a division bench of Justice B Veerappa and Justice KS Hemlekha said in its recent judgement.
The biological parents and adoptive parents of the child had filed a petition before a trial court to declare the latter as the adoptive parents and guardian of the girl child whom they had adopted.
While the biological parents are Hindu, the child’s adoptive parents are Muslim.
Since the appellant Muslim couple were childless and the biological parents were unable to take care of the child due to poverty, they entered into a settlement. The agreement also stated that money was not exchanged between the two parties for the adoption.
The trial court dismissed his plea on the ground that the said settlement does not reflect the welfare of the child. Against the order of the lower court, both the couples approached the High Court with an appeal.
The division bench upheld the order of the lower court. It said that if the biological parents were concerned about the child, they could legally put it up for adoption.
“If in fact appellant Nos. 3 and 4, the biological parents, came forward to adopt the child on account of poverty, they could have handed over the child to the concerned authority for the welfare of the child. If this was not possible, then They could have been taken care of by sending the child to government educational institutions and now, the government has started various schemes for their daily essentials,” the HC said, rejecting the claim that the reason for adoption was poverty.
The High Court observed that “both the adoptive parents and the biological parents have violated the rights of the child guaranteed under the provisions of Article 21 of the Constitution of India. Taking into account the peculiar facts and circumstances of the case, the adoption The settlement for 21- 3-2020 entered between the parties is an illegal document and is not permissible under the principles of Muslim law.” After the settlement, the child is under the custody of the adoptive parents. The High Court said that the biological parents should seek its custody.
“Needless to say that the biological parents should approach the Child Welfare Committee, if they really want their child back, and it is for the Child Welfare Committee to take appropriate steps and pass orders as per law Is.” The High Court also ordered the Child Welfare Committee to ensure that the child is not sold.
“If the Child Welfare Committee after considering all the pros and cons of handing over the child to the biological parents comes to this conclusion, then the jurisdictional police are directed to monitor (them) so that the child is not sold to anyone And ensure that (they) take care of the paramount interest of the child,” the High Court said.
The Udupi district police had registered a complaint against the couple and two others for allegedly selling the child.
A case was registered under the Juvenile Justice (Care and Protection of Children) Act. This matter is still pending.
The High Court refrained from giving any opinion on the issue and said that the issue is for the trial court to decide.
“We oppose to see anything at this stage that the concerned court has to proceed to its logical end in accordance with law.”
(This story has not been edited by NDTV staff and was auto-generated from a syndicated feed.)
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