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While hearing the case, the court acknowledged that Islamic law does not recognize adoption, but clarified that the Juvenile Justice Acts of 2000 and 2015 "enable adoption by willing parents de hors their religious background." The Madras High Court recently ruled that the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015 would override Muslim Personal Law when it comes to adoption. In an order dated October 17 seen by Moneycontrol, the High Court observed that "a ...Read More >
MADURAI: The Madurai Bench of the Madras High Court has held that Muslim and Christian couples cannot directly register adoption deeds. Instead, they must follow the procedure under the Juvenile Justice (Care and Protection of Children) Act, 2015. Justice GR Swaminathan, while hearing a plea filed by K Heerajohn of Madurai, noted that the JJ Act provides a secular and enabling framework that allows adoption by anyone, regardless of religion. The case involved Heerajohn and his wife, Kadhan Bee ...Read More >
The judge said marriage has been often misused as an instrument of subjugation against women. New Delhi: Marriage has been too often misused as an instrument of subjugation against women, Supreme Court judge Justice Surya Kant said on Wednesday. He also highlighted the recurring issue that frequently arises across courts in India concerning the recognition and indirect enforcement of foreign divorce decrees. "This is, in my view, a challenge faced by many jurisdictions today, as the world gr ...Read More >
he October 18 order of the Supreme Court on child marriage and the arguments it heard on October 21 in the case about the legal validity of the so-called 'marital rape', are both significant so far as they pertained to a possible intervention of judiciary in matters that weighed in individual's rights against the mandate set by socio-cultural outlook and customs. A three-judge bench headed by the then Chief Justice of India D. Y. Chandrachud, filled a loophole in the Prohibition of Child Marria ...Read More >
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