Saturday, January 15, 2022

Kerala, India: Family Courts Now Have Jurisdiction Over Child Adoption Issues

From Live Law:

The Kerala High Court has recently laid down that the Family Court with the respective territorial jurisdiction is empowered to give a child in adoption. 

A couple seeking to adopt the child filed a plea before the District Judge in order to legalize the proceedings. However, the complaint was dismissed on the ground that the court had no jurisdiction to adjudicate upon the issue of adoption and the Child Welfare Committee is the appropriate destination for this matter. Challenging the same, the parties moved to the High Court.

Justice M.R. Anitha, under the Adoption Regulations 2017, observed that "the finding of the learned District Judge that the court is not a proper forum and they have to approach the Child Welfare Committee is illegal and perverse." The Court noted that as per law, he appellants were eligible to adopt the child and the Family Courts are designed as Adoption Court.

Read more here.

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