2018 SCC OnLine SC 1676.Offence of adultery held unconstitutional: Understanding Joseph Shine v. Union of India

Introduction

The word “adultery” derives its origin from the French word “avoutre”, which has evolved from the Latin verb “adulterium” which means “to corrupt”[1]. The dictionary meaning of adultery is that a married man commits adultery if he has sex with a woman with whom he has not entered into wedlock.

Under Indian law, Section 497 IPC  makes adultery a criminal offence, and prescribes a punishment of imprisonment upto five years and fine. The offence of adultery under Section 497 is very limited in scope as compared to the misconduct of adultery as understood in divorce proceedings. The offence is committed only by a man who had sexual intercourse with the wife of another man without the latter’s consent or connivance. The wife is not punishable for being an adulteress, or even as an abettor of the offence[2]. Section 198 CrPC deals with a “person aggrieved”. Sub-section (2) treats the husband of the woman as deemed to be aggrieved by an offence committed under Section 497 IPC and in the absence of husband, some person who had care of the woman on his behalf at the time when such offence was committed, with the permission of the court. It does not consider the wife of the adulterer as an aggrieved person.

Section 497 IPC and Section 198(2) CrPC together constitute a legislative packet to deal with the offence of adultery[3] which have been held unconstitutional and struck down by the Supreme Court in Joseph Shine v. Union of India, 2018 SCC OnLine SC 1676.

 Penal Code

Section 497. Adultery. — Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such a case, the wife shall not be punishable as an abettor.

 Criminal Procedure Code

Section 198. Prosecution for offences against marriage. —  (1) No Court shall take cognizance of an offence punishable under Chapter XX of the Indian Penal Code (45 of 1860) except upon a complaint made by some person aggrieved by the offence:

* * * * * * * * * *

(2) For the purposes of sub-section (1), no person other than the husband of the woman shall be deemed to be aggrieved by any offence punishable under Section 497 or Section 498 of the said Code:

Provided that in the absence of the husband, some person who had care of the woman on his behalf at the time when such offence was committed may, with the leave of the Court, make a complaint on his behalf.

* * * * * * * * * *

Classification of offence

The offence of adultery is non-cognizable (a case in which a police officer cannot arrest the accused without an arrest warrant). Also, it is a bailable offence.

Compoundable offence

The offence of adultery is compoundable by the husband of the woman with whom adultery is committed. Compoundable offences are those where the court can record a compromise between the parties and drop charges against the accused. [Section 320 CrPC].

Cases

Offence of adultery held unconstitutional: Understanding Joseph Shine v. Union of India

Sections 497 IPC and 198(2) CrPC insofar it deals with the procedure for filing a complaint in relation to the offence of adultery, are violative of Articles 14, 15(1) and 21 of the Constitution, and are therefore struck down as being invalid, Joseph Shine v. Union of India, 2018 SCC OnLine SC 1676.

This Note hereinafter discusses various observations of the Supreme Court in Joseph Shine case.

Object

The object of Section 497 is to preserve sanctity of marriage. The society abhors marital infidelity.[4]

However, this object does not find favour with the Supreme Court. In Joseph Shine, the Court observed thus:  

“… the ostensible object, as pleaded by the State, being to protect and preserve the sanctity of marriage, is not, in fact, the object of Section 497 at all …”

It was further observed that the sanctity of marriage can be utterly destroyed by a married man having sexual intercourse with an unmarried woman or a widow which is not penalised by the legislature. Also, if the husband consents or connives at the sexual intercourse that amounts to adultery, the offence is not committed, thereby showing that it is not sanctity of marriage which is sought to be protected and preserved, but a proprietary right of a husband.

History

Section 497 is a pre-constitutional law which was enacted in 1860. At that point of time, women had no rights independent of their husbands, and were treated as chattel or “property” of their husbands. Hence, the offence of adultery was treated as an injury to the husband, since it was considered to be a “theft” of his property, for which he could proceed to prosecute the offender.

The first draft of the IPC released by the Law Commission of India in 1837 did not include “adultery” as an offence. Lord Macaulay was of the view that adultery or marital infidelity was a private wrong between the parties, and not a criminal offence. The views of Lord Macaulay were, however, overruled by the other members of the Law Commission, Joseph Shine v. Union of India, 2018 SCC OnLine SC 1676.

Ingredients

In order to constitute the offence of adultery, the following must be established:–

(i) Sexual intercourse between a married woman and a man who is not her husband;

(ii) The man who has sexual intercourse with the married woman must know or has reason to believe that she is the wife of another man;

(iii) Such sexual intercourse must take place with her consent, i.e., it must not amount to rape;

(iv) Sexual intercourse with the married woman must take place without the consent or connivance of her husband.

After stating the ingredients as mentioned above, the Supreme Court in Joseph Shine goes on to discuss the vice of unconstitutionality inherent in the offence of adultery, as may be seen presently.

Who may file a complaint

Only husband of the woman with whom adultery is committed is treated as an aggrieved person and only he can file a complaint. However, in his absence, some other person who had care of the woman on his behalf at the time when such offence was committed may file a complaint on husband’s behalf if the court allows. [Section 198(2) CrPC]

In Joseph Shine, this was held to be arbitrary and violative of constitutional guarantees as is discussed below.

Woman has no right to file a complaint

A wife is disabled from prosecuting her husband for being involved in an adulterous relationship. The law does not make it an offence for a married man to engage in an act of sexual intercourse with a single woman, Joseph Shine v. Union of India, 2018 SCC OnLine SC 1676.

Who can be prosecuted

It is only the adulterous man who can be prosecuted for committing adultery, and not the adulterous woman, even though the relationship is consensual. The adulterous woman is not even considered to be an abettor to the offence. Woman is exempted from criminal liability.

Presence of an adequate determining principle for such classification was doubted in  Joseph Shine.

Woman treated as property of man

Historically, since adultery interfered with the “husband’s exclusive entitlements”, it was considered to be the “highest possible invasion of property”, similar to theft.[5]

On a reading of Section 497, it is demonstrable that women are treated as subordinate to men inasmuch as it lays down that when there is connivance or consent of the man, there is no offence. This treats the woman as a chattel. It treats her as the property of man and totally subservient to the will of the master. It is a reflection of the social dominance that was prevalent when the penal provision was drafted, Joseph Shine v. Union of India, 2018 SCC OnLine SC 1676.

Section 497 violates Articles 14 [Equality before law]

Section 497 treats men and women unequally, as women are not subject to prosecution for adultery, and women cannot prosecute their husbands for adultery. Additionally, if there is “consent or connivance” of the husband of a woman who has committed adultery, no offence can be established. The section lacks an adequately determining principle to criminalise consensual sexual activity and is manifestly arbitrary and therefore violative of Article 14, Joseph Shine v. Union of India, 2018 SCC OnLine SC 1676.

Section 198(2) CrPC also violates Article 14 [Equality before law]

Section 198(2) CrPC does not consider the wife of the adulterer as an aggrieved person. The rationale of the provision suffers from the absence of logicality of approach and therefore it suffers from the vice of Article 14 of the Constitution being manifestly arbitrary, Joseph Shine v. Union of India, 2018 SCC OnLine SC 1676.

Violation of Article 15(1) [Prohibition of discrimination]

Article 15(1) prohibits the State from discriminating on grounds only of sex. A husband is considered an aggrieved party by the law if his wife engages in sexual intercourse with another man, but the wife is not, if her husband does the same. Viewed from this angle, the offence of adultery discriminates between a married man and a married woman to her detriment on the ground of sex only. The provision is discriminatory and therefore, violative of Article 15(1), Joseph Shine v. Union of India, 2018 SCC OnLine SC 1676.

Violation of dignity of woman and Article 21 [Right to life]

Dignity of the individual is a facet of Article 21. Section 497 effectually curtails the essential dignity which a woman is entitled to have by creating invidious distinctions based on gender stereotypes which creates a dent in the individual dignity of women.

Besides, the emphasis on the element of connivance or consent of the husband tantamount to the subordination of women. Therefore, the same offends Article 21, Joseph Shine v. Union of India, 2018 SCC OnLine SC 1676.

Violation of right to privacy and right to choose

This Court has recognised sexual privacy as a natural right, protected under the Constitution. Sharing of physical intimacies is a reflection of choice. To shackle the sexual freedom of a woman and allow the criminalisation of consensual relationships is a denial of this right, Joseph Shine v. Union of India, 2018 SCC OnLine SC 1676.

Married woman’s sexual agency rendered wholly dependent on consent or connivance of husband

A man who has sexual intercourse with a married woman without the consent or connivance of her husband, is liable to be prosecuted for adultery even if the relationship is based on consent of the woman. Though granted immunity from prosecution, a woman is forced to consider the prospect of the penal action that will attach upon the individual with whom she engages in a sexual act. To ensure the fidelity of his spouse, the man is given the power to invoke the criminal sanction of the State. In effect, her spouse is empowered to curtail her sexual agency, Joseph Shine v. Union of India, 2018 SCC OnLine SC 1676.

Section 497 denudes woman’s sexual autonomy

Section 497 denudes a woman of her sexual autonomy in making its free exercise conditional on the consent of her spouse. In doing so, it perpetuates the notion that a woman consents to a limited autonomy on entering marriage. The enforcement of forced female fidelity by curtailing sexual autonomy is an affront to the fundamental right to dignity and equality, Joseph Shine v. Union of India, 2018 SCC OnLine SC 1676.

Opposed to “constitutional morality”

It is not the common morality of the State at any time in history, but rather constitutional morality, which must guide the law. In any democracy, constitutional morality requires the assurance of certain rights that are indispensable for the free, equal, and dignified existence of all members of society. A commitment to constitutional morality requires enforcement of the constitutional guarantees of equality before the law, non-discrimination on account of sex, and dignity, all of which are affected by the operation of Section 497, Joseph Shine v. Union of India, 2018 SCC OnLine SC 1676.

Premised on sexual stereotypes

Section 497 is premised upon sexual stereotypes that view women as being passive and devoid of sexual agency. The notion that women are ‘victims’ of adultery and therefore require the beneficial exemption has been deeply criticized by feminist scholars, who argue that such an understanding of the position of women is demeaning and fails to recognize them as equally autonomous individuals in society[6], Joseph Shine v. Union of India, 2018 SCC OnLine SC 1676.

Breakdown of marriage

In many cases, a sexual relationship by one of the spouses outside of the marriage may lead to the breakdown of marriage. But often, such a relationship may not be the cause but the consequence of a pre-existing disruption of the marital tie, Joseph Shine v. Union of India, 2018 SCC OnLine SC 1676.

Case of pending divorce proceedings

Manifest arbitrariness is writ large even in case of a married woman whose marriage has broken down, as a result of which she no longer cohabits with her husband, and may, in fact, have obtained a decree for judicial separation against her husband, preparatory to a divorce being granted. If during this period, she has sex with another man, the other man is immediately guilty of the offence, Joseph Shine v. Union of India, 2018 SCC OnLine SC 1676.

Whether adultery should be treated as a criminal offence?

Adultery is basically associated with the institution of marriage. Treating adultery an offence would tantamount to the State entering into a real private realm. Adultery does not fit into the concept of a crime. It is better to be left as a ground for divorce, Joseph Shine v. Union of India, 2018 SCC OnLine SC 1676.

International perspective

International trends worldwide indicate that very few nations continue to treat adultery as a crime, though most nations retain adultery for the purposes of divorce laws, Joseph Shine v. Union of India, 2018 SCC OnLine SC 1676.

Why did the Supreme Court not wait for the legislature and itself strike down the provisions?

These sections are wholly outdated and have outlived their purpose. Maxim of Roman law, cessante ratione legis, cessat ipsa lex [when the reason of the law ceases, the law itself also ceases], applies to interdict such law. Moreover, when such law falls foul of constitutional guarantees, it is Supreme Court’s solemn duty not to wait for legislation but to strike down such law, Joseph Shine v. Union of India, 2018 SCC OnLine SC 1676.

Adultery continues to be a ground for divorce

There can be no shadow of doubt that adultery can be a ground for any kind of civil wrong including dissolution of marriage, Joseph Shine v. Union of India, 2018 SCC OnLine SC 1676.

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Further Suggested Reading

Kumar Askand Pandey – B.M. Gandhi Indian Penal Code (IPC) [Buy Here]

C.K. Takwani – Indian Penal Code (IPC) [Buy Here]

Surendra Malik and Sudeep Malik – Supreme Court on Penal Code Collection by Surendra Malik and Sudeep Malik [Buy Here]

Dr. Murlidhar Chaturvedi – Indian Penal Code (Hindi) [Buy Here]

† Assistant Editor (Legal), EBC Publishing Pvt. Ltd.

India’s supreme court strikes down a colonial-era adultery law

Extramarital sex is not a criminal offence in India anymore.

The country’s supreme court today (Sept. 27) struck down a colonial-era law that prescribed a maximum imprisonment of five years to men for adultery. However, the offence still remains a valid ground for divorce.

A five-judge bench of the court ruled that section 497 of the Indian Penal Code violates women’s right to equality and treats them like the property of their husbands. “It’s time to say that (a) husband is not the master of (his) wife,” chief justice of India, Dipak Misra, read out from the judgment.

Unlike the country’s sexual assault laws, which hinge on the consent of the woman, the 158-year-old adultery law did not consider the woman’s will. Though women couldn’t be punished under the provision, a husband could prosecute the man who had sexual relations with his wife, even if the wife was a voluntary participant in the act.

A wife, on the other hand, could prosecute neither her husband nor those with whom he had engaged in extramarital affairs.

The Narendra Modi government had supported the colonial-era law on the grounds that it preserved the sanctity of marriage and served a public good.

“Protecting marriage is the responsibility of the couple involved. If one of them fails, there is a civil remedy (divorce law) available to the other. Where is the question of ‘public good’ in a broken marriage?” Misra had asked during the hearings in August.

The Modi government was open to making the law gender-neutral by allowing for the prosecution of a woman who has sex with a married man. However, the court has consistently refused to allow for prosecution of women. 

In 1985, the supreme court said, “It is commonly accepted that it is the man who is the seducer and not the woman,” and that making the law gender-neutral would allow for “a crusade by a woman against a woman.”

Wife can leave husband for lover, says court

A woman cannot be compelled to live with her husband against her wish if she chooses to stay with her lover, the Rajasthan High Court has implied in a verdict, which has triggered intense debate.

"We see no reasons why she should be compelled to live with her husband," a bench comprising Justices Gyan Sudha Misra and K C Sharma ruled on a habeas corpus petition filed by a husband alleging that his wife had been abducted by another man.

However, during the hearing it became evident that the wife had wilfully left the matrimonial home to live with her lover.

Taking her statement on record, the court said a case of habeas corpus of illegal detention could not be made out.

"This is certainly not a case for issuance of a writ of habeas corpus since the basic ingredient of illegal detention of the detenue (wife) is missing in the petition," the bench said.

Sahab Singh had filed the petition alleging that his wife Manju Singh was abducted by one Suresh.

However, the wife had said she was having a liking for Suresh even before the marriage and she had no way out but to elope with him.

The recent judgment has evoked reactions with legal experts saying that there was nothing illegal on the part of the woman to choose the man with whom she wants to live.

"I see the verdict very important, interesting and good. It has recognised the autonomy of women in her decision making process," advocate Indira Jaising said, adding that no one can compel anyone to live with anyone.

Advocate Sunil Mittal, Mukta Gupta, Kamini Jaiswal also shared the view with Jaising and said a case of habeas corpus could not be made out against the other man if the wife wilfully leaves the husband to live with her lover. They said in such cases, the husband has a remedy to go for divorce.

Mittal and Jaiswal opined that the husband could seek divorce on the grounds of adultery and restitution of conjugal rights. Jaisingh and Gupta said a husband canot raise a ground of adultery against his wife.

"A husband has a remedy under section 497 of the IPC against the other man," Gupta said.

All of them said in the instant case it was a wilful decision of the wife, who was a major, to stay with the lover so a case of illegal or forced detention against the other man could not be made out.

വിവാഹമോചനം നേടിയ ശേഷവും സ്ത്രീക്ക് ഭർത്താവിന്റെ വീട്ടിൽ താമസിക്കാം : സുപ്രിംകോടതി

വിവാഹമോചനം നേടിയ ശേഷവും സ്ത്രീക്ക് ഭർത്താവിന്റെ വീട്ടിൽ തന്നെ താമസിക്കാമെന്ന് സുപ്രിംകോടതി. കോടതികളുടെ മറിച്ചുള്ള വിധികൾക്ക് മുകളിലാണ് സുപ്രിംകോടതിയുടെ ഈ വിധി.

വിവാഹ മോചനം നേടിയ സ്ത്രീയ ഭർത്താവിനോ അവരുടെ കുടുംബത്തിനോ വീട്ടിൽ നിന്ന് പുറത്താക്കാൻ സാധിക്കില്ലെന്നും ആ വീട്ടിൽ തന്നെ താമസം തുടരാൻ സ്ത്രീക്ക് അവകാശമുണ്ടെന്നും സുപ്രിംകോടതി വിധിച്ചു. ജസ്റ്റിസ് അശോക് ഭൂഷൻ, ആർ സുഭാഷ് റെഡ്ഡി, എംആർ ഷാ എന്നിവരടങ്ങിയ ബഞ്ചാണ് വിധി പുറപ്പെടുവിച്ചത്.

2019 ലെ ഡൽഹി ഹൈക്കോടതി വിധിക്കെതിരായി സതീഷ് ചന്ദർ അഹൂജ സമർപ്പിച്ച ഹർജിയിലാണ് സുപ്രിംകോടതിയുടെ നിർണായക വിധി. സതീഷിന്റെ മരുമകൾ സ്‌നേഹ അഹൂജയ്ക്ക് ഈ വീട്ടിൽ താമസിക്കാനുള്ള അവകാശമുണ്ടെന്നായിരുന്നു ഡൽഹി ഹൈക്കോടതി വിധി. ഭർത്താവ് രവീൺ അഹൂജയിൽ നിന്ന് വിവാഹ മോചനം നേടാനുള്ള നിയമനടപടികളുമായി സ്‌നേഹ മുമ്പോട്ട് പോകവേയായിരുന്നു ഹൈക്കോടതി വിധി.

എന്നാൽ തന്റെ സ്വന്തം അധ്വാനത്താൽ പണികഴിപ്പിച്ച വീട്ടിൽ മകൻ രവീൺ അഹൂജയ്ക്ക് അവകാശമില്ലെന്നും പിന്നെങ്ങനെ ഭാര്യ സ്‌നേഹയ്ക്ക് അവകാശമുണ്ടാകുമെന്ന് കാണിച്ച് കൊണ്ട് സതീഷ് ഫയൽ ചെയ്ത ഹർജിയാണ് സുപ്രിംകോടതി തള്ളിയത്.

Supreme Court on woman's right to reside in shared household

Progress of any society depends on its ability to protect rights of women: Supreme Court on woman's right to reside in shared household

The Court overruled the SR Batra verdict, where it was held that if the house belongs to the mother-in-law of the wife and does not belong to the husband, the wife cannot claim any right to live in the said hous

Progress of any society depends on its ability to protect rights of women: Supreme Court on woman's right to reside in shared household

The Court overruled the SR Batra verdict, where it was held that if the house belongs to the mother-in-law of the wife and does not belong to the husband, the 

The Supreme Court today passed an important judgment on the interpretation and working of the Protection of Women from Domestic Violence Act, 2005.

It held that the term “shared household” under Section 2(s) does not only mean a household of the joint family of which husband is a member or in which husband of the aggrieved person has a share (Satish Chander Ajuha v. Sneha Ahuja).

The judgment reads,

"The definition of shared household given in Section 2(s) cannot be read to mean that shared household can only be that household which is household of the joint family of which husband is a member or in which husband of the aggrieved person has a share."

The Bench of Justices Ashok Bhushan, MR Shah and Subhash Reddy was considering a petition filed by the father-in-law who claimed that the suit property is exclusively owned by him and was not a shared household. His son, it was contended, had no right in the property

The appellant had purchased a property in 1983. In 1995, his son got married and started staying on the first floor with his wife. In 2014, the husband filed for divorce alleging cruelty by the wife. In 2015, the wife filed a case against her husband, father-in-law and mother-in-law under the Domestic Violence Act.

However in the trial court, the father-in-law stated that he and his wife were victims of domestic violence by the daughter-in-law and that he had no duty to maintain the daughter-in-law when the husband was alive.

The daughter in law had claimed that she cannot be removed from the house as it was a shared household, and that she had a right to reside therein. The trial court in April 2019 granted asked the daughter-in-law to handover possession of the property to the appellant.

In an appeal against this order, the Delhi High Court set aside the trial court decree and sent the matter back for fresh adjudication in December 2019. The High Court also noted that the husband needed to be made a party to the case.

Thus, the father-in-law approached the Supreme Court against this order, seeking that the trial court verdict be upheld.

The primary contention of the father-in-law stemmed from the verdict of the Supreme Court Bench of Justices SB Sinha and Markandey Katju in SR Batra and Anr. v. Taruna Batra, where it was held that since the house belongs to the mother-in-law of the wife and does not belong to the husband, the wife cannot claim any right to live in the said house.

However, overruling the SR Batra verdict, the present Bench held that “shared household referred to in Section 2(s) is the shared household of aggrieved person where she was living at the time.”

The Bench held that the SR Batra verdict did "not lay down the correct law", and did not correctly interpret Section 2(1)(s) of the 2005 Act. The judgment states,

"The definition of shared household given in Section 2(s) cannot be read to mean that shared household can only be that household which is household of the joint family of which husband is a member or in which husband of the aggrieved person has a share. The judgment of this Court in S.R. Batra Vs. Taruna Batra (supra) has not correctly inter- preted Section 2(s) of Act, 2005 and the judgment does not lay down a correct law."

Supreme Court

The Court went on to hold,

"We, thus, are of the considered opinion that shared household referred to in Section 2(s) is the shared household of aggrieved person where she was living at the time when application was filed or in the recent past had been excluded from the use or she is temporarily absent.

The living of woman in a household has to refer to a living which has some permanency. Mere fleeting or casual living at different places shall not make a shared household. The intention of the parties and the nature of living including the nature of household have to be looked into to find out as to whether the parties intended to treat the premises as shared household or not."

Before delivering its judgment on a number of questions of law raised in the petition, the Court noted that the “progress of any society depends on its ability to protect and promote the rights of its women.”

The Bench went on to highlight the precarious position of women in Indian society, and the reasons why domestic violence cases go unreported.

"The domestic violence in this country is rampant and several women encounter violence in some form or the other or almost every day, however, it is the least reported form of cruel behavior. A woman resigns her fate to the never ending cycle of enduring violence and discrimination as a daughter, a sister, a wife, a mother, a partner or a single woman in her lifetime.

This non-retaliation by women coupled with the absence of laws addressing women’s issues, ignorance of the existing laws enacted for women and societal attitude makes the women vulnerable. The reason why most cases of domestic violence are never reported is due to the social stigma of the society and the attitude of the women themselves, where women are expected to be subservient, not just to their male counterparts but also to the male’s relatives."

The other questions the Bench dealt with included:

Whether the High Court has rightly come to the conclusion that suit filed by the appellant could not have been decreed under Order XII Rule 6 CPC?

"The power under Order XII Rule 6 is discretionary and cannot be claimed as a matter of right. In the facts of the present case, the Trial Court ought not to have given judgment under Order XII Rule 6 on the admission of the defendant as contained in her application filed under Section 12 of the D.V. Act...

...Thus, there are more than one reason for not approving the course of action adopted by Trial Court in passing the judgment under Order XII Rule 6. We, thus, concur with the view of the High Court that the judgment and decree of the Trial Court given under Order XII rule 6 is unsustainable."

What is the effect of orders passed under Section 19 of the Act, 2005 whether interim or final passed in the proceedings initiated in a civil court of competent jurisdiction?

"Therefore, on conjoint reading of Sections 12(2), 17, 19, 20, 22, 23, 25, 26 and 28 of the D.V. Act, it can safely be said that the proceedings under the D.V. Act and proceedings before a civil court, family court or a criminal court, as mentioned in Section 26 of the D.V. Act are independent proceedings, like the proceedings under Section 125 of the Cr. P.C. for maintenance before the Magistrate and/or family court and the proceedings for maintenance before a civil court/ family court for the reliefs under the Hindu Adoption and Maintenance Act. However, as observed hereinabove, the findings/orders passed by the one forum has to be considered by another forum...

...The pendency of proceedings under Act, 2005 or any order interim or final passed under D.V. Act under Section 19 regarding right of residence is not an embargo for initiating or continuing any civil proceedings, which relate to the subject matter of order in- terim or final passed in proceedings under D.V. Act, 2005."

Whether the suit filed by the plaintiff for mandatory and permanent injunction against the defendant in the Civil Court is covered by the expression “save in accordance with the procedure established by law”?

"…we are of the opinion that the expression “save in accordance with the procedure established by law”, in Section 17(2) of the Act, 2005 contemplates the proceedings in court of competent jurisdiction. Thus, suit for mandatory and permanent injunction/eviction or possession by the owner of the property is maintainable before a Competent Court.

Thus, in appropriate case, the competent court can decide the claim in a properly instituted suit by the owner as to whether the women need to be excluded or evicted from the shared household."

Whether the plaintiff in the suit giving rise to this appeal can be said to be the respondent as per definition of Section 2(q) of Act, 2005 ?

Noting that it is now permissible under the definition of Section 2(q) to include females also, the Court held,

"To treat a person as the “respondent” for purposes of Section 2(q) it has to be proved that person arrayed as respondent has committed an act of domestic violence on the aggrieved person...

...We, thus, are of the view that for the purposes of determination of right of defendant under Sections 17 and 19 read with Section 26 in the suit in question the plaintiff can be treated as “respondent”, but for the grant of any relief to the defendant or for successful resisting the suit of the plaintiff necessary conditions for grant of relief as prescribed under the Act, 2005 has to be pleaded and proved by the defendant, only then the relief can be granted by the Civil Court to the defendant."

The appellant was presented by Advocate Prabhjit Jauhar. Senior Advocate Nidhesh Gupta along with Mohit Paul, Prashant Mehta and Himanshu Kapoor appeared for the respondent - daughter-in-law, while Senior Advocates Geeta Luthra and Jayant Bhushan appeared in a connected matter where the parties had arrived at a settlement.

Divorce by mutual consent

Divorce by mutual consent is addressed under S. 13 B of the Hindu Marriage Act, 1955 and Section 28 of the Special Marriage Act, 1954. ... If after 6 months the petition is not withdrawn, the parties may move the court within 18 months, after which the Court may grant the divorce.

Section 28 in The Special Marriage Act, 1954

28. Divorce by mutual consent.—

(1) Subject to the provisions of this Act and to the rules made thereunder, a petition for divorce may be presented to the district court by both the parties together on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.

(2) 1[On the motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to in sub-section (1) and not later than eighteen months] after the said date, if the petition is not withdrawn in the meantime, the district court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized under this Act, and that the averments in the petition are true, pass a decree declaring the marriage to be dissolved with effect from the date of the decree.

Mutual Consent Divorce Petition format under Section 28 of Special Marriage Act. Divorce Petition with the consent of both the parties can be presented in the court on the ground that they have not been able to live together and that they have agreed to dissolve the marriage by Mutual Consent.

Format of Mutual Consent Petition for Decree of Divorce under Section 28 of Special Marriage Act to get divorce with the consent of both the parties.

Section 29(1) in The Special Marriage Act, 1954

Restriction on petitions for divorce during first three years after marriage. - (1) No petition for divorce shall be presented to the district court unless at the date of the presentation of the petition three years have passed since the date of entering the certificate of marriage in the Marriage Certificate Book.

Section 29 in The Special Marriage Act, 1954

29. Restriction on petitions for divorce during first one year after marriage.—

(1) No petition for divorce shall be presented to the district court 1[unless at the date of the presentation of the petition one year has passed] since the date of entering the certificate of marriage in the Marriage Certificate Book: Provided that the district court may, upon application being made to it, allow a petition to be presented 2[before one year has passed] on the ground that the case is one of exceptional hardship suffered by the petitioner or of exceptional depravity on the part of the respondent, but if it appears to the district court at the hearing of the petition that the petitioner obtained leave to present the petition by any misrepresentation or concealment of the nature of the case, the district court may, if it pronounces a decree, do so subject to the condition that the decree shall not have effect until after the 3[expiry of one year] from the date of the marriage or may dismiss the petition, without prejudice to any petition, which may be brought after the 4[expiration of the said one year] upon the same, or substantially the same, facts as those proved in support of the petition so dismissed.

(2) In disposing of any application under this section for leave to present a petition for divorce before the 5[expiration of one year] from the date of the marriage, the district court shall have regard to the interests of any children of the marriage, and to the question whether there is a reasonable probability of a reconciliation between the parties before the expiration of the 6[said one year].

Maintenance of Senior Citizen as a condition for gratuitous transfer of property:

The Kerala High Court has held that the gratuitous transfer of life interest on a senior citizen's property cannot automatically be viewed as including an obligation for the transferee to maintain the senior citizen (Subhasini v. District Collector and Ors.).

The provision in focus is Section 23(1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

This provision allows a senior citizen to revoke a gratuitous transfer of his/her property if the property transfer was made on the condition that transferee should maintain and provide the senior citizen with basic amenities. The provision reads,

"Transfer of property to be void in certain circumstances: Where any senior citizen who, after the commencement of this Act, has transferred by way of gift or otherwise, his property, subject to the condition that the transferee shall provide the basic amenities and basic physical needs to the transferor and such transferee refuses or fails to provide such amenities and physical needs, the said transfer of property shall be deemed to have been made by fraud or coercion or under undue influence and shall at the option of the transferor be declared void by the Tribunal..."

If this condition is violated, the senior citizen can approach the Senior Citizens Tribunal, which is empowered to declare the property transfer void at the senior citizen's option.

The Full Bench of the Kerala High Court, comprising of Justices K Vinod Chandran, VG Arun, and TR Ravi has now ruled that such a condition should be expressly provided in the transfer document. In other words, a condition requiring that the senior citizen should be maintained by the transferee cannot be implied.

The Judgment states,

"... the condition as required under Section 23(1) for provision of basic amenities and basic physical needs to a senior citizen has to be expressly stated in the document of transfer, which transfer can only be one by way of gift or which partakes the character of gift or a similar gratuitous transfer."

Kerala High Court

While the Court observed that there was a moral duty cast upon children to look after their parents, it was doubtful whether the same could be extended to the provisions of law.

“... we have our own doubts as to whether the traditional values and general moral policies could determine and expand the scope and ambit of a piece of legislation, to bring in consequences which even the lawmakers would not have contemplated or intended.”

If such a condition were allowed to be impliedly present, it would have far-reaching ramifications on any subsequent transfer the transferee may make, the Bench observed.

Because a transfer with an implied condition could prejudice the right of subsequent transferees if such a condition for annulment was allowed under the 2007 Maintenance Act, such a view could not be taken, the Bench opined.

The facts of the case involved a widow bestowing a life interest in her share of property upon her youngest son. The transfer deed made no mention of a condition that he was to sustain and take care of her.

Relying on decisions of the Kerala High Court and other Courts that a condition to maintain the senior citizen could be implied into a transfer of the senior citizen's property on account of the relationship between the parties, the senior citizen approached the Tribunal and later the High Court for relief.

The Tribunal allowed her plea. The District Collector moved the High Court challenging the Tribunal decision. A Single Judge Bench of the High Court allowed the woman maintenance but refused to annul the transfer deed. The woman appealed the order which was referred to the High Court Full Judge Bench.

When the matter came up before the Division Bench of the High Court, the Judges had found that there were conflicting decisions from Division Benches of the Court, which necessitated a reference to the Full Bench.

The conflict in law could not be resolved by relying on scriptures and morals, Justice Vinod Chandran emphasized, writing for the Full Bench. The Bench stated.,

"Though there is an element of morality in the legislation as such, that cannot be the sole reigning consideration in interpreting a provision in the statute which brings in drastic consequences as available in Section 23, totally extinguishing the rights of the transferee...We are of the opinion that in deciding the scope of Section 23(1), it would be unsafe to look at religious texts or philosophical treatises. That the children should look after their parents, as a principle or a value, require no validation from scriptures or philosophical sources."

The Judges highlighted the need to balance the rights of senior citizens and the rights of transferees as governed by other legislation.

Crucial to this was a finding of whether the power of the Tribunal to annul a senior citizen’s transfer was to be made after fact-finding and exercising discretion. The Court found the power of the Tribunal to be narrow and restricted, particularly since proceedings under the Act are summary and the Tribunal’s officers are not judicial officers.

Therefore, the condition for maintenance would have to be expressed in the transfer documents.

Notably, during the course of the judgment, the Bench has also ruled that Section 23 only covers gratuitous transfers. In this regard, the Judgment states,

"We are of the opinion that looking at the text of the Act and looking at the context in which it was enacted and has application, the intention of qualifying the transfer of property by a senior citizen with the words ‘gift or otherwise’, projects a clear indication to restrict the words ‘or otherwise’ to such category of transfers which are in the nature of gifts or partakes the character of gift."

Advocates P Sanjay and Parvathi Menon represented the senior citizen while Government Pleader P Narayanan, Advocates B Krishnan, Harish R Menon, and KT Shyamkumar argued for the State and the woman's relatives respectively.

The Bench, appreciating the efforts of the arguing counsel for the Parties, Advocates Menon and Krishnan, stated that their arguments were "enlightening, both incisive and thought-provoking."

Read the Judgment here:

Subhasini v. District Collector and Ors. - Judgment dated September 22.pdf

Preview

Kerala High CourtMaintenance and Welfare of Parents and Senior Citizens ActJustice VG ArunFull Bench decisionJustice K Vinod ChandranJustice TR Ravi

WHAT IS BACHELOR CERTIFICATE?

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Obtaining Single Status Certificate

I am a 29 year old Indian female (from Kerala) residing in the State of Qatar for the past 29 years. I am due to marry a foreigner in Qatar and for the same purpose I am required to submit an attested Certificate showing my single status at the Embassy of India here. It would be very helpful if I could receive some guidance on how to request and obtain the aforementioned certificate with all required attestations. Any advice on this matter would be highly appreciated.

Thanks & Regards,

Jyothi Lakshmi

Asked 1 year ago in Family Law

Religion: Hindu

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14 Answers

A Certificate of bachelorhood/single-status/eligibility to get married can be issued by a competent court having jurisdiction of the area of the residential address of the applicant. This can be in the form of a declaratory order for which a suit has to be filed before the appropriate court for the specific purpose which is required to be counter-attested by the Home Department of the State concerned. Thereafter, it is to be attested/apostilled by the Attestation Section of the Consular, Passport & Visa (CPV) Division of the Ministry of External Affairs, New Delhi.

Ajay Sethi

Ajay Sethi

Advocate, Mumbai

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It is advisable to follow the guidelines that certain authorities deem necessary. Those wishing to marry overseas will need special documentation. First, couples will have to present a declaration that is processed by your local office where marriage documents are produced. This must be from the state where you live in Qatar. On this statement will be recorded the fact that there has not be any marriage in recent years.

Due to the fact that these types of documents are sought for foreign involvement one will need the local or state registrars account or declaration to be authenticated to work abroad.

Go to the Civil Registry office where marriages are registered.

Present and submit required documents.

Complete a form and declare.

Pay the fee.

Required Documents

National identity card or Passport.

Proof of address.

If divorced, Decree Absolute.

If widowed, Death Certificate of previous spouse (and Marriage Certificate).

If your name has been changed by Deed Poll, proof is necessary.

The relevant fee.

 

Office Locations & Contacts

Ministry of Justice Contacts

General Secretary of the Supreme Council for Family Affairs

Tornado Tower, 42nd and 43rd floor - West Bay

P.O. Box: 22257

Doha - Qatar

Ganesh Kadam

Ganesh Kadam

Advocate, Pune

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Hello,

refer to the following link for entire  procedure:

 

https://www.mea.gov.in/bachelorhood-single-status-certificate.htm

 

Regards

 

Anilesh Tewari

Anilesh Tewari

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Dear Client,

Since your birth you are staying in Qatar, so maiden status certificate will also be issued by QATAR govt. In India, Certificate of bachelorhood/single-status/eligibility to get married can be issued by a competent court having jurisdiction of the area of the residential address of the applicant. This can be in the form of a declaratory order for which a suit has to be filed before the appropriate court for the specific purpose which is required to be counter-attested by the Home Department of the State concerned. Thereafter, it is to be attested/apostilled by the Attestation Section of the Consular, Passport & Visa (CPV) Division of the Ministry of External Affairs, New Delhi.

Yogendra Singh Rajawat

Yogendra Singh Rajawat

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A Certificate of bachelorhood/single-status/eligibility to get married can be issued by a competent court having jurisdiction of the area of the residential address of the applicant. This can be in the form of a declaratory order for which a suit has to be filed before the appropriate court for the specific purpose which is required to be counter-attested by the Home Department of the State concerned. Thereafter, it is to be attested/apostilled by the Attestation Section of the Consular, Passport & Visa (CPV) Division of the Ministry of External Affairs, New Delhi.

 

https://www.mea.gov.in/bachelorhood-single-status-certificate.htm

Shubham Jhajharia

Shubham Jhajharia

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Dear Madam,

The following information may kindly be read and I think it is useful to you.

A Certificate of bachelorhood/single-status/eligibility to get married can be issued by a competent court having jurisdiction of the area of the residential address of the applicant. This can be in the form of a declaratory order for which a suit has to be filed before the appropriate court for the specific purpose which is required to be counter-attested by the Home Department of the State concerned. Thereafter, it is to be attested/apostilled by the Attestation Section of the Consular, Passport & Visa (CPV) Division of the Ministry of External Affairs, New Delhi.

Kindly note that the applications for attestations are to be submitted with the Outsourced agencies, for details please log on tohttp://mea.gov.in/apostille.htm

 

STEP 1 - you have to get a notary document from any notary shop nearby and add these points,

a) you are a citizen of india with passport number and your parents name and your residence address

b)mention that you are single and free to marry either in india or outside the borders and you can mention your date of birth that is necessary too.

step 2 - go to the SDM office of your area and get the SDM stamp on the document, dont get tehsildar or executive magistrate or assistant of sdm sign on it because it wont be used or approved by the MEA(ministry of external affairs). it will take your day or 2 because these sdm mostly never at there office and the assistant or employees of government wanna give you a run around so they will just push you away. NOBODY IN THE GOVT OFFICE EVEN KNOW ABOUT THIS SO BE READY TO DEAL WITH UNEDUCATED AND UNETHICAL PEOPLE OF ERA WHO WILL WASTE YOUR TIME JUST FOR A STAMP. if they ask you how could i believe you that you are single then you need to show them a decleration from your parents that you are free to marry ( it is not necessary according to the law.

step 3 - Google apostile services nearby and go to the company who does apostile and give them the sdm stamped notary document. this is the easiest one you will get it in a day. as MEA dont take docs personally so you have to go through a company. they cost around 75 rs to get everything done. dont get in the trap of people who say its for 4k or 7k rs coz it just cost 100rs not more than that. when i was outside india i reached out to these companies they said almost 7k-24k to get everything done. as well you can write a letter of authorisation to authorise your brother or family member to do everything for you if you are outside india.

 

Netravathi Kalaskar

Netravathi Kalaskar

Advocate, Bengaluru

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you need to submit an affidavit to the Magistrate having jurisdiction over your residence address in India

the order passed by the Magistrate has to then be pre-authenticated by the Home Department of your state in India

this document then requires to be apostilled either by Indian Embassy in Qatar or through the third party agencies appointed by the Ministry of External Affairs in India

 

Yusuf Rampurawala

Yusuf Rampurawala

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Hello,

All you need is to write an application stating all the details of your and your spouse along with the Xerox copy of all the documents.

Regards

Swarupananda Neogi

Swarupananda Neogi

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1. From whom do you require the said single status certificate in India?

 

2. You can get an affidavit afformed and based on that you can get the said certificate from the Counselor of the  ward of your local Municipal Corporation.

 

Krishna Kishore Ganguly

Krishna Kishore Ganguly

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You have to give an affidavit in this regard that you are single this affidavit should be notarized and attested by the embassy on the basis of your affidavit and your passport details The embassy will authenticate your document on payment of requisite fee.

Vimlesh Prasad Mishra

Vimlesh Prasad Mishra

Advocate, Lucknow

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You would simply need an affidavit stating that you are single and have no living husband while making this affidavit, which has to stamped by SDM.

 

Once that is done you would need the stamped document to be apostilled by MEA approved Agencies.

 

 

Siddharth Jain

Siddharth Jain

Advocate, New Delhi

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There is no provison in law to provide such certificates in India.

 

Some states namely Punjab, furnish such certificates to the desirous people through their online portal.

 

But Kerala may not have any such law in force however the village officer may furnish his report  stating that it is found on enquiry from the neighbors that the candidate is unmarried, the Taluk level revenue officer may endorse a certificate to this effect on the basis of the village officer's report, but how far the revenue officer of the taluk will be cooiperative in this regard is to be seen after you approach one.

A Certificate of bachelorhood/single-status/eligibility to get married can be issued by a competent court/ SDM having jurisdiction of the area of the residential address of the applicant. This can be in the form of a certificate/ affidavit notarized by SDM which is required to be counter-attested by the Home Department of the State concerned. Thereafter, it is to be attested/apostilled by the Attestation Section of the Consular, Passport & Visa (CPV) Division of the Ministry of External Affairs, New Delhi.

Kindly note that the applications for attestations are to be submitted with the Outsourced agencies, for details please log on tohttp://mea.gov.in/apostille.htm

Q:How can I get Bachelorhood/Single-Status Certificate?

A:

A Certificate of bachelorhood/single-status/eligibility to get married can be issued by a competent court/ SDM having jurisdiction of the area of the residential address of the applicant. This can be in the form of a certificate/ affidavit notarized by SDM which is required to be counter-attested by the Home Department of the State concerned. Thereafter, it is to be attested/apostilled by the Attestation Section of the Consular, Passport & Visa (CPV) Division of the Ministry of External Affairs, New Delhi.

Kindly note that the applications for attestations are to be submitted with the Outsourced agencies, for details please log on tohttp://mea.gov.in/apostille.htm

Single status affidavit India format Certificates is the act of witnessing an on its own status certificate by authorized person/persons/ Departments / Attestation powers that be with their official seal and signature. This attestation as well confirms that the particular Single status certificate has been an issue by that mentioned department and Seal and signature on that exacting Single status certificate is genuine.The word freedom loosely means that there is a quality or a state of being free,that is, freedom exists without the need for force or constraint regarding personal elections or your actions.

Note:- format change time to time as per law

 

HOW MUCH DOES IT COST AND TIME TAKEN?

 

The cost of the process depends on the process. The only fixed fee is the one to be paid at the MEA. The rest of the cost varies from state to state, on the facilities obtained through the agency, the type; apostille or attestation, etc. 

The duration again depends on the procedure. The DM or SDM usually have long queues and complex bureaucratic procedures. Apart from this, certificate apostille and certificate attestation both take different amounts of time. It could take much longer for the affiant to go through these hurdles by themselves. However, if using the help of an Attestation and Apostille agency, it could be done faster and is normally done in 10 days

 

Step 1: Organize Your Information & Contact Us

 

We will need the information listed below in order to provide a QUOTE.

 

 Type of Document (ex: Diploma, Degree, Birth/Marriage Certificates, Company Agreement, etc.)

 Country the document is going to be used in

 Contact information for you

 

Step 2: Send us your documents

 

Once we have provided you with the confirmation and quote, complete these easy steps below and mail your documents to us:

1 Gather all your original documents.

2 Fill the order form,.

3 Prepare a self-addressed pre-paid envelope.

4 YDS Apostille/Attestation Services requires a pre-paid envelope with your address to return the documents. If not included, the delivery process may be delayed. International mailing can be arranged for destinations outside the INDIA.)

5 Make sure to include all your documents, the completed Order Form    and the pre-paid self-addressed envelope and send to the following address :

6 Call 09540005064 or call 09540005026 for address

 

Step 3: We process your order

 

1 Once your order is received and all the required documentation has been provided, we will process your order. Documents will be mailed out once processed using the pre-paid envelope provided. It's as easy as that!

2 We will need the information listed below to provide a quote to you.

3 Type of Document (Diploma, Marriage/Birth Certificate, POA, Company Agreement, etc.)

4 Country the document is going to be used in

WHAT IS BACHELOR CERTIFICATE?

A Bachelor Certificate is the Certificate which proves that a particular person is Un-Married and single in status.

 WHO REQUIRE BACHELOR OR UN-MARRIED CERTIFICATE?

 

1 Any Indian who is going to married Foreign Country Citizen 

2 Going Abroad for Study

3 Going to start job in Military or Cisf (For some particular jobs)

WHY DO YOU NEED SINGLE STATUS CERTIFICATE?

 

In India, it is not necessary to showcase that one is single or unmarried. However, almost every country in the world requires that a person be unmarried in order to solemnize a marriage in that specific country. This is to avoid polygamy and illegal marriages from happening. To allow a person to wed someone abroad, a Single Status Certificate, also known as a CENOMAR (certificate of no marriage record) is required. In certain cases, the documents to show your bachelorhood is also called a celibacy certificate, or a certificate of no impediment.

 

A plain statement stating the marital status is not valid, and therefore need to undergo certificate attestation or certificate apostille. Attestation of documents simply refers to the legalization of a particular document to increase its authenticity by the home government. However, for certain countries, that are part of the Hague Convention, a certificate apostille is required. The Attestation of Single Status Certificate makes the document legal and acceptable in every country

WHAT ARE THE DOCUMENT REQUIRED FOR SINGLE STATUS CERTIFICATE?

 

National identity card or Passport.

Proof of address.

If divorced, Decree Absolute.

If widowed, Death Certificate of previous spouse (and Marriage Certificate).

If your name has been changed by Deed Poll, the proof is necessary.

The relevant fee.

Aadhaar Card

WHAT IS THE ELIGIBILITY TO GET SINGLE STATUS CERTIFICATE?

 

In order for non-nationals to marry in a foreign country, you will most likely be required to produce legal documentation from your country of citizenship verifying the single status and that you are free to marry. This is known as a 'Certificate of No Impediment', 'Certificate de Coutume', 'Certificate of Nulla Osta' or a 'Certificate of Freedom to Marry'.

Procedure to get single status Certificate?

 

Get an affidavit declaring your single status. (Other info like your Passport number, address, date of birth etc needs to be clearly mentioned)

Get a stamp from Sub-district magistrate or District magistrate or Court. (None of these parties willingly provide the stamp)

Take it to the Home department and get it attested.

Then take this affidavit to the Ministry of External Affairs or branch office and get the apostle.

You need to take a demand draft.

Take this to the Indian embassy or to another foreign embassy where you wish to marry

The apostille should be done in ten days.

Some countries may also refer to this document as:

 

·   Single Status Certificate / Affidavit

·    Bachelor Certificate

·   Unmarried Certificate

·  No Record of Marriage

·   Certificate of Freedom to Marry

·   Certificate of No Impediment for Marriage

·   Certificate of No Record – Marriage

·   Affidavit of Single Status

·   Affidavit of Marriageability

·   Certificate of No Public Record

·   Marriageability Affidavit

FORMAT OF AFFIDAVIT OF SINGLE STATUS

 

Name, S/o Mr. Father's name and Mothers name, residing at Address, INDIA. Do hereby solemnly affirm and declare as under:

That I am a Citizen of India.

That I was born on DD/MM/YYYY (DDTH Day of Month(eg) July YEAR (eg) Nineteen Hundred Eighty-Four) at a Birth place, State, INDIA.

I say that I am holding a valid Indian Passport bearing number (Passport number) issued at (Issuing place) and is valid from date of issue (Validity from) to date of expiry (Validity to).

I say that I am single/divorced and I have no living spouse at present either in India or abroad.

That I am eligible to marry an Indian or person of any other nationality according to Law.

I further state whatever stated herein above is correct to the best of my knowledge and is punishable u/s 193 (2), 199, 200 of IPC.

I am of sound health and in mentally fit condition.

That above are my true and correct statements.

Single status affidavit India format Certificates is the act of witnessing an on its own status certificate by authorized person/persons/ Departments / Attestation powers that be with their official seal and signature. This attestation as well confirms that the particular Single status certificate has been an issue by that mentioned department and Seal and signature on that exacting Single status certificate is genuine.The word freedom loosely means that there is a quality or a state of being free,that is, freedom exists without the need for force or constraint regarding personal elections or your actions.

Note:- format change time to time as per law

 

HOW MUCH DOES IT COST AND TIME TAKEN?

 

The cost of the process depends on the process. The only fixed fee is the one to be paid at the MEA. The rest of the cost varies from state to state, on the facilities obtained through the agency, the type; apostille or attestation, etc. 

The duration again depends on the procedure. The DM or SDM usually have long queues and complex bureaucratic procedures. Apart from this, certificate apostille and certificate attestation both take different amounts of time. It could take much longer for the affiant to go through these hurdles by themselves. However, if using the help of an Attestation and Apostille agency, it could be done faster and is normally done in 10 days

 

Step 1: Organize Your Information & Contact Us

 

We will need the information listed below in order to provide a QUOTE.

 

 Type of Document (ex: Diploma, Degree, Birth/Marriage Certificates, Company Agreement, etc.)

 Country the document is going to be used in

 Contact information for you

 

Step 2: Send us your documents

 

Once we have provided you with the confirmation and quote, complete these easy steps below and mail your documents to us:

1 Gather all your original documents.

2 Fill the order form,.

3 Prepare a self-addressed pre-paid envelope.

4 YDS Apostille/Attestation Services requires a pre-paid envelope with your address to return the documents. If not included, the delivery process may be delayed. International mailing can be arranged for destinations outside the INDIA.)

5 Make sure to include all your documents, the completed Order Form    and the pre-paid self-addressed envelope and send to the following address :

6 Call 09540005064 or call 09540005026 for address

 

Step 3: We process your order

 

1 Once your order is received and all the required documentation has been provided, we will process your order. Documents will be mailed out once processed using the pre-paid envelope provided. It's as easy as that!

2 We will need the information listed below to provide a quote to you.

3 Type of Document (Diploma, Marriage/Birth Certificate, POA, Company Agreement, etc.)

4 Country the document is going to be used in

Procedure for an Indian national wish to marry in Kuwait,

under the Foreign Marriage Act, 1969

They are required to bring the following documents with them when they approach the Marriage Officer for submission of “Notice of Intended Marriage”: Original Passport; Copies of the passport and Civil Identity Card; 4 Photographs ( each party); and.

Procedure for an Indian national wish to marry in Kuwait,

under the Foreign Marriage Act, 1969

1. One of the two individuals intending to marry each other, one
• Should be an Indian national;
•  Should be resident of Kuwait.
2. Both of them are required to submit a “Notice of Intended Marriage” on prescribed form, in person, to the Marriage Officer. 
3. They are required to bring the following documents with them when they approach the Marriage Officer for submission of “Notice of Intended Marriage”:
• Original Passport;
• Copies of the passport and Civil Identity Card;
• 4 Photographs ( each party); and
• In case, one of the individual is a national of other country, no objection from his/her Embassy.
4. Consular fees of KD. 15.500 to be paid at the counter at the time of submission of notice of intended marriage;
5. To collect a copy of “NOTICE’ from the Embassy for publication in a local newspapers and an Indian newspapers (published from their place of permanent residence) ;
6. To publish the Notice in the same format in the  newspapers in Kuwait, in India, ( the place of their permanent residence) and in the third country  in case one of the party is a national of another country  (in his/her country of permanent residence), as the case may be;
7. To submit one copy of the clipping from the newspapers in which the Notice was published, to the Embassy;
8. To approach the marriage officer, to fix the date and time for the ceremony of the marriage;
9.  The marriage can be solemnized after 30 days from the date of last publication of the notice in the newspapers;
10. On the day of the ceremony of marriage, both the individuals are required to present with their passport and three Indian nationals, as witnesses to their marriage, with a copy their passport and civil identity cards;
11. They are required to submit a prescribed affidavit declaring themselves as free to marry and  a declaration accepting  each other as their spouse;
12. They are required to pay the consular fee of KD. 13.000
13. The Marriage Officer after satisfying himself that all the documents are in order will issue a marriage certificate.

• NOTICE OF INTENDED MARRIAGE
• DECLARATION TO BE MADE BY THE BRIDEGROOM / BRIDE

കുടുംബ തർക്ക കോടതികൾ കൈകാര്യം ചെയ്ത സുപ്രീം കോടതി ജഡ്ജിൽ നിന്നുള്ള പത്ത് ഉപദേശങ്ങൾ:

കുടുംബ തർക്ക കോടതികൾ കൈകാര്യം ചെയ്ത സുപ്രീം കോടതി ജഡ്ജിൽ നിന്നുള്ള പത്ത് ഉപദേശങ്ങൾ: *

 1.

 * നിങ്ങളുടെ മകനെയും ഭാര്യയെയും നിങ്ങളോടൊപ്പം ഒരേ മേൽക്കൂരയിൽ തുടരാൻ പ്രോത്സാഹിപ്പിക്കരുത്. *

 * ഒരു വീട് വാടകയ്‌ക്കെടുത്തു  പുറത്തുപോകാൻ അവരെ നിർദ്ദേശിക്കുന്നതാണ് നല്ലത്. *

 * ഒരു പ്രത്യേക വീട് കണ്ടെത്തുന്നത് അവരുടെ പ്രശ്‌നമാണ്. *

 * നിങ്ങളും മക്കളും തമ്മിലുള്ള  ബന്ധം മികച്ചതാക്കാൻ അതാണ് നല്ലതു *

 

 2.

 * നിങ്ങളുടെ മകന്റെ ഭാര്യയെ  മകന്റെ ഭാര്യയായി കണക്കാക്കുക, നിങ്ങളുടെ സ്വന്തം മകളല്ല, 

അവളെ ഒരു ചങ്ങാതിയായി പരിഗണിക്കുക. *

 * നിങ്ങളുടെ മകൻ എല്ലായ്പ്പോഴും നിങ്ങളുടെ മകൻ തന്നെയാണ്, പക്ഷേ, അയാളുടെ ഭാര്യ അതേ പദവിയിലാണെന്നു നിങ്ങൾ കരുതേണ്ട.

നിങ്ങൾ എപ്പോഴെങ്കിലും അവളെ ശകാരിച്ചിട്ടുണ്ടങ്കിൽ, അവൾ അത് ജീവിതകാലം മുഴുവൻ ഓർക്കും. *

 * യഥാർത്ഥ ജീവിതത്തിൽ, അവളെ ശകാരിക്കാനോ തിരുത്താനോ യോഗ്യനായ ഒരു വ്യക്തിയായിട്ട് അവൾ നിങ്ങളെ കാണില്ല.

അവൾ അവളുടെ അമ്മയെ പോലെ നിങ്ങളെ കാണില്ല. *

 3.

 * നിങ്ങളുടെ മകന്റെ ഭാര്യക്ക് എന്ത് ശീലങ്ങളോ  കുറവുകളോ ഉണ്ടെങ്കിലും അത് നിങ്ങളുടെ പ്രശ്‌നമല്ല, അത് നിങ്ങളുടെ മകന്റെ പ്രശ്നമാണ്. 

 അവൻ  പ്രായപൂർത്തിയായതിനാൽ ഇത് നിങ്ങളുടെ പ്രശ്‌നമല്ല. *

 4.

 * ഒരുമിച്ച് അവരുമായി ജീവിക്കുമ്പോൾ പരസ്പരം  അവരുടെ ജോലികൾ വ്യക്തമാക്കുക,

 അവരുടെ തുണി അലക്കൽ , അവർക്ക് വേണ്ടി പാചകം ചെയ്യൽ ഒന്നും വേണ്ട.

 കുഞ്ഞുങ്ങളെ അവർ അവരുടെ ഇഷ്ടത്തിനനുസരിച്ച് വളർത്തിക്കോട്ടെ..

 *  നിങ്ങളുടെ മകന്റെ ഭാര്യ കരുതുന്നു അവർക്ക് പ്രത്യേക  കഴിവുണ്ടെന്നും പകരം നിങ്ങൾ ഒന്നും പ്രതീക്ഷിക്കരുതെന്നും

 

* ഏറ്റവും

 പ്രധാനമായി, നിങ്ങളുടെ മകന്റെ കുടുംബ പ്രശ്നങ്ങളെക്കുറിച്ച് നിങ്ങൾ വിഷമിക്കേണ്ടതില്ല.  അതു അവർ സ്വയം തീരുമാനിക്കട്ടെ. *

 5.

 * നിങ്ങളുടെ മകനും ഭാര്യയും തമ്മിൽ തർക്കിക്കുമ്പോൾ അന്ധനും ബധിരനുമായി നടിക്കുക.  ഭാര്യാഭർത്താക്കന്മാർ തമ്മിലുള്ള തർക്കത്തിൽ മാതാപിതാക്കൾ പങ്കാളികളാകുന്നത് ചെറുപ്പക്കാരായ ദമ്പതികൾ ഇഷ്ടപ്പെടുന്നില്ല എന്നത് സാധാരണമാണ്. *

 6.

 * നിങ്ങളുടെ കൊച്ചുമക്കൾ പൂർണ്ണമായും നിങ്ങളുടെ മകന്റെയും ഭാര്യയുടെയും വകയാണ്.  അവർ  അവരുടെ മക്കളെ വളർത്താൻ ആഗ്രഹിക്കുന്നു,

അവർക്കാണു അതിന്റെ കടപ്പാട് *

 7.

 * നിങ്ങളുടെ മകന്റെ ഭാര്യ നിങ്ങളെ ബഹുമാനിക്കുകയും സേവിക്കുകയും ചെയ്യേണ്ടതില്ല. 

 അത് മകന്റെ കടമയാണ്. 

 നിങ്ങളും മകന്റെ ഭാര്യയും തമ്മിലുള്ള ബന്ധം മികച്ചതാകാൻ അവൻ ഒരു മികച്ച വ്യക്തിയായിരിക്കാൻ നിങ്ങളുടെ മകനെ നിങ്ങൾ പഠിപ്പിച്ചിരിക്കണം. *

 8.

 * നിങ്ങളുടെ റിട്ടയർമെന്റ് ജീവിതത്തിനായി കൂടുതൽ ആസൂത്രണം ചെയ്യുക, 

നിങ്ങളുടെ  പരിപാലനത്തിനു നിങ്ങളുടെ കുട്ടികളെ ആശ്രയിക്കരുത്. 

 നിങ്ങളുടെ ജീവിതത്തിലെ  കഠിന വഴികളിലൂടെ നിങ്ങൾ ഇതിനകം കടന്നുപോയിട്ടുണ്ട്,

 യാത്രയിലൂടെ ഇനിയും ധാരാളം പുതിയ കാര്യങ്ങൾ പഠിക്കാനുണ്ട്. *

 9.

 * നിങ്ങളുടെ റിട്ടയർമെന്റ് ജീവിതം ആസ്വദിക്കുന്നത് നിങ്ങളുടെ സ്വന്തം താൽപ്പര്യമാണ്. 

 മരിക്കുന്നതിനുമുമ്പ് നിങ്ങൾ സംരക്ഷിച്ചതെല്ലാം ഉപയോഗപ്പെടുത്താനും ആസ്വദിക്കാനും കഴിയുമെങ്കിൽ നല്ലത്. 

 നിങ്ങളുടെ സമ്പത്ത് നിങ്ങൾക്കു നിങ്ങൾക്ക് പ്രയോജനപ്പെടാതെ വരരുത്*

 10.

 * കൊച്ചുമക്കൾ നിങ്ങളുടെ കുടുംബത്തിൽ പെട്ടവരല്ല, 

അവർ അവരുടെ മാതാപിതാക്കളുടെ വിലയേറിയ സമ്മാനമാണ്. *

 *ദയവായി ശ്രദ്ധിക്കുക*

 * ഈ സന്ദേശം നിങ്ങൾക്ക് മാത്രമല്ല. *

 കുടുംബത്തിലെ തർക്ക കോടതികൾ കൈകാര്യം ചെയ്ത ഒരു * ന്യായാധിപന്റെ * ജീവിതകാലത്തെ അനുഭവത്തെ അടിസ്ഥാനമാക്കിയുള്ളതാണ് *

 ജീവിതത്തിൽ സമാധാനവും പുരോഗതിയും കണ്ടെത്തുന്നതിന് ദയവായി ഇത് നിങ്ങളുടെ സുഹൃത്തുക്കൾ, മാതാപിതാക്കൾ, മരുമക്കൾ, അമ്മാവന്മാർ, അമ്മായിമാർ, ഭർത്താവ് അല്ലെങ്കിൽ ഭാര്യ എന്നിവരുമായി പങ്കിടുക.

2020 )8 KLR 473 Family transfer case wife convenience matters.

(2020 )8  KLR 473 

Family transfer case wife convenience  matters.

deed of adoption

Deed of Adoption

THIS DEED OF ADOPTION is made and entered into at Thane this ____ day of ______,200- BETWEEN MR.A N, Adult, Indian Inhabitant of Thane, residing at_____________, Thane -, hereinafter referred to

as the 'ADOPTIVE FATHER' (which term and expression shall unless it be repugnant to the context or meaning thereof shall mean and include his heirs, executors, administrators and assigns) of the ONE PART A N D MRS. B N, Adult, Indian Inhabitant of Thane, residing at _____________________, Thane -, hereinafter referred to as the 'NATURAL MOTHER' (which term and expression shall unless it be repugnant to the context or meaning thereof shall mean and include her heirs. executors, administrators and assigns) of the SECOND PART A N D MASTER AD, a Minor, through her Natural Mother and Guardian, Mrs. B N, the Party of the Second Part herein, hereinafter referred to as the 'Adopted Son' of the THIRD PART.

WHEREAS the Party of the Second Part herein had married S R on 19.3.1993 at Bombay and after marrying Mr. S R, her name was Mrs. B R, hereinafter for the sake of brevity referred to as the 'Said Marriage'.

AND WHEREAS out of the Said Marriage, there has been a issue i.e. a Male Boy namely, "Ad", born on___________, hereinafter for the sake of brevity referred to as the Said Boy.

AND WHEREAS due to their difference of opinion the Party of the Second Part and her the then husband i.e. Shri S. R preferred a Petition No. AA___/___for Divorce by Mutual Consent in the Family Court at Bandar, Bombay and the Honorable Court was pleased the dissolve the Said Marriage vide their order passed below Exh. 6 on ___________besides awarding the permanent custody of the Said Boy to the Party of the Second Part herein, hereinafter for the sake of brevity referred to as the 'Said Order'

AND WHEREAS Mr. S R the Ex-Husband of the Party of the Second Part herein did not prefer any Appeal and/or revision against the Said Order and Judgment.

AND WHEREAS the Party of the First Part herein has married the Party of the Second Part herein and have registered their marriage at the office of the Sub-Registrar of Assurances (Marriage Officer), Thane vide Their Receipt No.______/_______ dated__________, hereinafter for the sake of brevity referred to as the 'Said Second Marriage'.

AND WHEREAS the Party of the First Part has married the Party of the Second Part herein, has decided to Adopt the Party of the Third Part herein as he is issueless and has married the natural mother of the Said Boy.

AND WHEREAS the natural mother (the Party of the Second Part herein) consented for the said adoption and on ______________ the physical act of giving and taking of the boy in adoption was performed, namely the natural mother gave the third party in adoption and the adaptor took the boy as adopted son accompanied by performance of Datta Homam.

AND WHEREAS the parties considered it necessary and expedient that a Deed of Adoption be executed so as to be authentic record of the Adoption having already taken place.

NOW THEREFORE THIS INDENTURE WITNESSETH AS FOLLOWS;

1.     It is hereby declared that on _________ the party of the Second Part i.e. the Natural Mother of the Third Party gave in adoption her son "AD" to the Adopter who took the boy in Adoption. The Adopter took the boy in Adoption, the physical act of giving and taking was also accompanied by Datta Homam ceremony and in the presence of assembled brotherhood of the parties.

2.     As a result of the aforesaid adoption the Third Party was transferred legally from the Natural Mother to the Parties of the First and Second Part herein and Adopter became entitled to all the rights and obligations of his Adopted Son.

3.     The Adopted Boy by virtue of the Said Adoption has become member of the Coparcenary with his Adopted father and shall be entitled to inherit his self acquired property if indisposed of and shall be entitled to succeed to his Joint Ancestor's property by Survivorship except that if a legitimate son is born subsequent to his adoption, the right of inheritance of succession of the adopted son shall be regulated by Rule of the Hindu Law.

4.     The Adopter, first party, shall be responsible for the maintenance and education of the adopted son and agrees to bring him up according to his status in life.

5.     The Natural Father of the Said Boy having relinquished all his right, title, interest and claim over the said boy and Natural Mother having married the Party of the first part herein after her marriage having been dissolved by the Family Court, Bandra, Bombay and being continue to remain as Natural Mother of the Said Boy, question of taking any consent from anybody does not arise at all.

6.     The Adopter shall not lay any claim hereinafter against the natural father for expenses incurred by him for the education and maintenance of the Said Boy/Adopted Son.

IN WITNESS WHEREOF the parties hereto have hereunto set and subscribed their respective hands to this on the day and year first hereinabove written

SIGNED, SEALED AND DELIVERED)

By the within-named Party of First Part)

In the presence of ____________________

SIGNED, SEALED AND DELIVERED)

By the within-named Party of Second Part)

In the presence of_________________ )

1)

2)

SIGNED, SEALED AND DELIVERED)

By the within-named Party of Third Part)

Through his Natural Mother

In the presence of_____________________)

PROCESS RELATED TO ADOPTABLE CHILDREN

The procedure for adoption of a child in India can be understood in the following steps:

Step 1 – Registration

Prospective adoptive parents need to get registered with an authorized agency. Recognised Indian Placement Agencies (RIPA) and Special Adoption Agency (SPA) are the agencies which are allowed to make such registrations in India. The prospective adoptive parents can visit the Adoption Coordination Agency in their area where the social worker will explain the process and take you through the formalities, paperwork and general preparation required for registration.NT

Step 2 – Home Study and Counseling

A social worker for the registration agency will make a visit to the home of the prospective adoptive parent in order to do a home study. The agency might also need the parents to attend counselling sessions in order to understand the motivation, preparation, strengths and weaknesses of the prospective parents. As per CARA regulation, the home study needs to be completed within 3 months from the date of registration.

The conclusion from the home study and counselling sessions is then reported to the honourable court.

Step 3 – Referral of the Child

The agency shall intimate the interested couple when-ever there is a child ready for adoption. The agency will share medical reports, physical examination reports and other relevant information with the couple and also allow them to spend time with the child once they are comfortable with the details shared.

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Step 4 – Acceptance of the Child

Once the parents are comfortable with a child, they will have to sign a few documents pertaining to acceptance of the child.

Step 5 – Filing of Petition

All necessary documents are submitted to a lawyer who prepares a petition to be presented to the court. Once the petition is ready, the adoptive parents will have to visit the court and sign the petition in front of the court officer.

Step 6 – Pre-Adoption Foster Care

Once the petition is signed in the court, the adoptive parents can take the child to a pre-adoption foster care centre and understand the habits of the child from the nursing staff before taking the child home.

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Step 7 – Court Hearing

The parents have to attend a court hearing along with the child. The hearing is held in a closed room with a judge. The judge may ask a few questions and will mention the amount which needs to be invested in the name of the child.

Step 8 – Court Order

Once the receipt of investment made is shown, the judge shall pass the adoption orders.

Step 9: Follow Up

Post completion of the adoption, the agency needs to submit follow up reports to the court on the child’s well-being. This may continue for 1-2 years.

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Can Parents Ask for a Specific Child?

The prospective parents cannot ask for the adoption of a specific child, hence if you are only looking for newborn baby adoption it may not completely be possible. However, they can give their preferences, which may include:

• Age
• Gender of the child
• Skin colour
• Health condition (parents can specify if they want to adopt a child with a physical or mental disability)
• Religion

In cases where preferences are specified, it may take more time to match a child of your choice as the conditions will reduce the pool of kids available for adoption.

Laws Governing Adoption in India

Adoption law in India is in conjunction with the personal laws of individual religion and therefore, adoption is not allowed as per the personal laws of Muslims, Christians, Parsis and Jews in the country. However, an adoption can be made from an orphanage under the Guardians and Wards Act, 1890, subject to court’s approval. In this case, the adoptive couple are guardians and not parents of the adopted child. Under this Act, Christians can adopt a child only under foster care and the foster child is free to break away all relations from the guardians on becoming a major.

Indian citizens who are Hindus, Jains, Buddhists or Sikhs are allowed to adopt a child formally and the adoption is as per the Hindu Adoption and Maintenance Act, 1956 which was enacted as part of the Hindu code bills.

Adoption of abandoned, surrendered or abused children is governed by the Juvenile Justice (Care and Protection of Children) Act, 2015.

Currently, there is no specific law that governs adoption of kids in India by foreign nationals or NRI’s but the same is governed under Guidelines Governing Adoption of Children, 2015. In the absence of any concrete Act for intercountry adoption, the procedures laid down by the Guardians and Wards Act, 1890 are followed.

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What Documents are Required for Adopting a Child?

Following is the list of documents to be prepared for the adoption process:

• Adoption application
• 4 x 6 size photographs – 4 copies of husband and wife together
• Marriage certificate and proof of age
• Reason for adoption
• Latest HIV and Hepatitis B report of the couple
• Income certificate
• Proof of residence
• Investment details
• Reference letter from 3 people
• Any other document which may be required by the agency or the court

Source: Documents Required – CARA

FAQs

1. Do Adoption Procedures in India Differ from One State to Another?

While the adoption laws are common across India, there are certain adoption guidelines and paperwork requirement that may differ for each State.

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2. Is There a Minimum Income Needed for the Adoption of a Child?

As per CARA (Central Adoption Resource Authority), you need to have a minimum average income of Rs. 3000 to be able to adopt a child. If you have other assets like a house or a strong support system, a lower income may be considered.

3. Can I Adopt a Child If I Already have a Child?

Yes, you can. However, under the Hindu Adoption and Maintenance Act, you can only adopt a child of the opposite gender to your child. The Guardians and Wards Act and the Juvenile Justice Act, do not have any such diktats. If the child you will be adopting is old enough to express his views on the matter, his opinion will be taken in writing.

4. Where Can One Find the Application Status for Adopting a Child?

While there is no central database to track applications, you can always keep in touch with the ACA for the status of your application.

5. How to Determine the Health of the Child Shown to Me?

You have the right to take the child for a general check-up to determine his overall health. However, invasive tests should be done only if there is an indication of a serious medical condition.

Also Read:

How to Become a Good Foster Parent
6 Types of Adoptions in India
Most Common Parenting Issues

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LEAVE A REPLY

In reply to

A 2 days baby girl available for adoption the biological parents are Hindu.for adoption, Adoptive parents need to bring their Aadhar card, marriage proof, address proof, employment detail and a witness for legal procedure.The procedure will be done via the SDM court.If anyone interested kindly connect - mishkababy4@gmail.com

Is she adopted now?

Like

Reply

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Siya MalkaniMom of a 4 yr 5 m old boy4 days ago

In reply to

Plz contact me at 9911681568

Is the girl adopted now?

Like

Reply

Share

Siya MalkaniMom of a 4 yr 5 m old boy4 days ago

In reply to Farida

I want giving my unborn child for adoption Pls call me 8691901626 it's urgent  Pls help me 

Hi farida.... Is it a baby girl? I want to adopt a baby girl

Like

Reply

Share

kumar ajitGuardian6 days ago

We want to adopt a new born baby. Please advise me "akm.371980@gmail.com"

Like

Reply

Share

undefinedundefined2 weeks ago

Whatsapp or Email us for legal adoption only Indian couples pls 9582692997 Baby shelter - babyshelterindia1991@gmail.com

Like

Reply

Share

FaridaGuardian of a3 weeks ago

I want giving my unborn child for adoption 

undefinedundefined3 weeks ago

Hi I want to adopt a baby girl how to go ahead and what is the process 

Like

Reply

Share

undefinedundefined4 weeks ago

Hi. We want to adopt a new born baby. We are from Bangalore. Please help me in adopting a baby.

Like

Reply

Share

undefinedundefined1 month ago

Want to adopt new born girl or boy.

Like

Reply

Share

undefinedundefined1 month ago

I want to adopt new born girl as our first child

Like

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The procedure for adoption of a child in India can be understood in the following steps:

Step 1 – Registration

Prospective adoptive parents need to get registered with an authorized agency. Recognised Indian Placement Agencies (RIPA) and Special Adoption Agency (SPA) are the agencies which are allowed to make such registrations in India. The prospective adoptive parents can visit the Adoption Coordination Agency in their area where the social worker will explain the process and take you through the formalities, paperwork and general preparation required for registration.

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Step 2 – Home Study and Counseling

A social worker for the registration agency will make a visit to the home of the prospective adoptive parent in order to do a home study. The agency might also need the parents to attend counselling sessions in order to understand the motivation, preparation, strengths and weaknesses of the prospective parents. As per CARA regulation, the home study needs to be completed within 3 months from the date of registration.

The conclusion from the home study and counselling sessions is then reported to the honourable court.

Step 3 – Referral of the Child

The agency shall intimate the interested couple when-ever there is a child ready for adoption. The agency will share medical reports, physical examination reports and other relevant information with the couple and also allow them to spend time with the child once they are comfortable with the details shared.

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Step 4 – Acceptance of the Child

Once the parents are comfortable with a child, they will have to sign a few documents pertaining to acceptance of the child.

Step 5 – Filing of Petition

All necessary documents are submitted to a lawyer who prepares a petition to be presented to the court. Once the petition is ready, the adoptive parents will have to visit the court and sign the petition in front of the court officer.

Step 6 – Pre-Adoption Foster Care

Once the petition is signed in the court, the adoptive parents can take the child to a pre-adoption foster care centre and understand the habits of the child from the nursing staff before taking the child home.

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Step 7 – Court Hearing

The parents have to attend a court hearing along with the child. The hearing is held in a closed room with a judge. The judge may ask a few questions and will mention the amount which needs to be invested in the name of the child.

Step 8 – Court Order

Once the receipt of investment made is shown, the judge shall pass the adoption orders.

Step 9: Follow Up

Post completion of the adoption, the agency needs to submit follow up reports to the court on the child’s well-being. This may continue for 1-2 years.

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 POST COURT ORDERS

Can Parents Ask for a Specific Child?

The prospective parents cannot ask for the adoption of a specific child, hence if you are only looking for newborn baby adoption it may not completely be possible. However, they can give their preferences, which may include:

Age

Gender of the child

Skin colour

Health condition (parents can specify if they want to adopt a child with a physical or mental disability)

Religion

In cases where preferences are specified, it may take more time to match a child of your choice as the conditions will reduce the pool of kids available for adoption.

Laws Governing Adoption in India

Adoption law in India is in conjunction with the personal laws of individual religion and therefore, adoption is not allowed as per the personal laws of Muslims, Christians, Parsis and Jews in the country. However, an adoption can be made from an orphanage under the Guardians and Wards Act, 1890, subject to court’s approval. In this case, the adoptive couple are guardians and not parents of the adopted child. Under this Act, Christians can adopt a child only under foster care and the foster child is free to break away all relations from the guardians on becoming a major.

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Indian citizens who are Hindus, Jains, Buddhists or Sikhs are allowed to adopt a child formally and the adoption is as per the Hindu Adoption and Maintenance Act, 1956 which was enacted as part of the Hindu code bills.

Adoption of abandoned, surrendered or abused children is governed by the Juvenile Justice (Care and Protection of Children) Act, 2015.

Currently, there is no specific law that governs adoption of kids in India by foreign nationals or NRI’s but the same is governed under Guidelines Governing Adoption of Children, 2015. In the absence of any concrete Act for intercountry adoption, the procedures laid down by the Guardians and Wards Act, 1890 are followed.

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What Documents are Required for Adopting a Child?

Following is the list of documents to be prepared for the adoption process:

Adoption application

4 x 6 size photographs – 4 copies of husband and wife together

Marriage certificate and proof of age

Reason for adoption

Latest HIV and Hepatitis B report of the couple

Income certificate

Proof of residence

Investment details

Reference letter from 3 people

Any other document which may be required by the agency or the court

Source: Documents Required – CARA

FAQs

1. Do Adoption Procedures in India Differ from One State to Another?

While the adoption laws are common across India, there are certain adoption guidelines and paperwork requirement that may differ for each State.

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2. Is There a Minimum Income Needed for the Adoption of a Child?

As per CARA (Central Adoption Resource Authority), you need to have a minimum average income of Rs. 3000 to be able to adopt a child. If you have other assets like a house or a strong support system, a lower income may be considered.

3. Can I Adopt a Child If I Already have a Child?

Yes, you can. However, under the Hindu Adoption and Maintenance Act, you can only adopt a child of the opposite gender to your child. The Guardians and Wards Act and the Juvenile Justice Act, do not have any such diktats. If the child you will be adopting is old enough to express his views on the matter, his opinion will be taken in writing.

ADOPTING WHEN YOU ALREADY HAVE A CHILD

4. Where Can One Find the Application Status for Adopting a Child?

While there is no central database to track applications, you can always keep in touch with the ACA for the status of your application.

5. How to Determine the Health of the Child Shown to Me?

You have the right to take the child for a general check-up to determine his overall health. However, invasive tests should be done only if there is an indication of a serious medical condition.

Also Read:

How to Become a Good Foster Parent

6 Types of Adoptions in India

Most Common Parenting Issues

ADVERTISEMENT

ADVERTISEMENT

LEAVE A REPLY

41 COMMENTS

Siya Malkani

Mom of a 4 yr 5 m old boy

4 days ago

In reply to

A 2 days baby girl available for adoption the biological parents are Hindu.for adoption, Adoptive parents need to bring their Aadhar card, marriage proof, address proof, employment detail and a witness for legal procedure.The procedure will be done via the SDM court.If anyone interested kindly connect - mishkababy4@gmail.com

Is she adopted now?

LikeReply

Share

Siya Malkani

Mom of a 4 yr 5 m old boy

4 days ago

In reply to

Plz contact me at 9911681568

Is the girl adopted now?

LikeReply

Share

Siya Malkani

Mom of a 4 yr 5 m old boy

4 days ago

In reply to Farida

I want giving my unborn child for adoption Pls call me 8691901626 it's urgent  Pls help me 

Hi farida.... Is it a baby girl? I want to adopt a baby girl

LikeReply

Share

kumar ajit

Guardian

6 days ago

We want to adopt a new born baby. Please advise me "akm.371980@gmail.com"

LikeReply

Share

undefined

undefined

2 weeks ago

Whatsapp or Email us for legal adoption only Indian couples pls 9582692997 Baby shelter - babyshelterindia1991@gmail.com

LikeReply

Share

Farida

Guardian of a

3 weeks ago

I want giving my unborn child for adoption Pls call me 8691901626 it's urgent  Pls help me 

1 Reply

LikeReply

Share

undefined

undefined

3 weeks ago

Hi I want to adopt a baby girl how to go ahead and what is the process 

LikeReply

Share

undefined

undefined

4 weeks ago

Hi. We want to adopt a new born baby. We are from Bangalore. Please help me in adopting a baby.

LikeReply

Share

undefined

undefined

1 month ago

Want to adopt new born girl or boy.

LikeReply

Share

undefined

undefined

1 month ago

I want to adopt new born girl as our first child

LikeReply

Share

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ParentsAgencies

About CARA

Central Adoption Resource Authority

Central Adoption Resource Authority (CARA) is a statutory body of Ministry of Women & Child Development, Government of India. It functions as the nodal body for adoption of Indian children and is mandated to monitor and regulate in-country and inter-country adoptions. CARA is designated as the Central Authority to deal with inter-country adoptions in accordance with the provisions of the Hague Convention on Inter-country Adoption, 1993, ratified by Government of India in 2003.

CARA primarily deals with adoption of orphan, abandoned and surrendered children through its associated /recognised adoption agencies.

CARINGS : Toll Free Help Line No. 1800-11-1311 | Email : carahdesk[dot]wcd[at]nic[dot]in

Central Adoption Resource AuthorityMinistry of Women & Child DevelopmentGovernment of India

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53. Inter-country relative adoptions:

A Non-Resident Indian or an Overseas Citizen of India, interested to adopt a relative’s child, may approach an Authorised Foreign Adoption Agency or the Central Authority in the country of residence for preparation of their Home Study Report and for online registration in Child Adoption Resource Information and Guidance System.

In case there is no Authorised Foreign Adoption Agency or Central Authority in their country of residence, then the prospective adoptive parents interested to adopt a relative’s child shall approach the Government departmentconcerned or Indian diplomatic mission (in cases of Indian citizens) in that country.

The Authorised Foreign Adoption Agency or Central Authority or the department concerned or the Indian diplomatic mission (in cases of Indian citizens), as the case may be, on completion of the Home Study Report, shall register the application of the prospective adoptive parents in Child Adoption Resource Information and Guidance System along with the required documents as mentioned in Schedule VI.

Any person, who takes or sends a child to a foreign country or takes part in any arrangement for transferring the care and custody of a child to another person in a foreign country without a valid order from the competent Court, shall be punishable as per the provisions of section 80 of the Act.

54. Prior approval for inter-country relative adoption from Authority:

On receipt of all requisite documents on Child Adoption Resource Information and Guidance System, the Authority shall forward the same to District Child Protection Unit for obtaining family background report of the child proposed for adoption, as provided in Schedule XXI.

The District Child Protection Unit shall get the family background report conducted by its social worker and for this purpose, it can charge a fee as stipulated in the norms prescribed by the Authority from time to time.

District Child Protection Unit shall forward a copy of the family background report of the child and the biological family to the Authority for onward submission to Authorised Foreign Adoption Agency or Central Authority or Indian Mission abroad.

On receiving family background report of the relative’s child, the Authority shall forward the same to the receiving country as required under Articles 15 and 16 of the Hague Adoption Convention along with a pre-approval letter supporting the proposed adoption.

The Authorised Foreign Adoption Agency or Central Authority, on receiving requisite documents as stipulated in sub regulation (3), shall arrange to forward a certificate under Article 5 or Article 17 of the Hague Adoption Convention to the Authority.

In case of countries which are not signatories to Hague Adoption Convention, in respect of Indian citizens, family background report of the relative’s child and prior approval letter from the Authority shall be forwarded to the Indian Mission of that country which will issue a recommendation letter to the Authority.

55. Legal Procedure:

The prospective adoptive parents, who intend to adopt the child of a relative as defined in sub-section (52) of section 2 of the Act, shall file an application in the competent court under sub-section 2 of section 56 or sub section (1) of section 60 of the Act in case of in-country relative adoption or inter-country relative adoption, respectively, alongwith a consent letter of the biological parents as provided in Schedule XIX and all other documents as provided in Schedule VI.

The biological parent and the step-parent, who intend to adopt the child or children of the biological parent, shall file the adoption application as provided in Schedule XXXII, in the court concerned of the district where they reside, along with consent letter of the biological parents and the step-parent adopting the child or children, as provided in the Schedule XX and all other documents as provided in Schedule VI.

The prospective adoptive parents, in case of inter-country relative adoption, shall file the adoption application in the court concerned of the district, where the child resides with biological parents or guardians as provided in Schedule XXXI.

The prospective adoptive parents shall file an application in Family Court or District Court or City Civil Court, as the case may be.

Before issuing an adoption order, the court shall satisfy itself of the various conditions stipulated under section 61 of the Act, and regulations 51 to 56, as the case may be.

The prospective adoptive parents shall obtain a certified copy of the adoption order from the court and furnish a copy of the same to the District Child Protection Unit for online submission to the Authority.

56. No Objection Certificate of Authority:

In case of all inter-country adoptions, the Authority shall issue No Objection Certificate in favour of the adoption of the child within ten days from the date of receipt of adoption order forwarded by the District Child Protection Unit and a copy of the same shall be forwarded to the Authorised Foreign Adoption Agency or Central Authority concerned.