A Delhi court upholds inheritance rights of an adopted son under Muslim Personal Law. The court rules that a Muslim individual who doesn't file a declaration under Section 3 of the Shariat Act has opted out of Muslim Personal Law.

NEW DELHI: In a verdict that may have legal and social ramifications, a Delhi court has upheld the inheritance rights of an adopted son of a deceased man.
Additional district judge Praveen Singh held that a Muslim individual who doesn’t file a declaration under Section 3 of the Shariat Act has in effect opted to stay out of the purview of Muslim Personal Law as far as adoption, wills and legacies are concerned.'

The judge said such a person could adopt a child, who would be a legitimate child of his adoptive parents with all rights, privileges and responsibilities attached to such a relationship.
In the process, the court rejected the dead man’s brothers to a “natural” claim on three-quarters of deceased’s self-acquired property under Muslim law. Instead, the court gave the share to his wife and adopted son in a first-of-its-kind ruling on adoption-related inheritance rights of a Muslim individual since adoption in Islam is not legally recognised.
“It is not that in all cases a Muslim by religion has to be bound by Muslim Personal Law and has no choice to move out of the purview of Muslim Personal Law,” the court ruled on a partition suit filed by Iqbal Ahmed, the brother of the dead man, Zamir Ahmed, seeking a share in his property.

Iqbal argued that in accordance with the Muslim Personal Law, only one-fourth of Zamir’s properties should go to his widow with the rest being distributed among his siblings. Zamir’s three sisters were entitled to 15% share and the remaining 60% to the plaintiff and five brothers of the deceased.
The suit claimed that Zamir died childless on July 3, 2008, and inheritance was governed by Muslim Personal Law. In reality, Zamir and his wife, Gulzaro Begum, had adopted a son, Abdul Samad aka Sameer, without making any declaration of this under the Shariat Act.

Under Muslim law of Inheritance, there are three classes of legal heirs: sharers, residuary and distant kindred. The court noted that of the 12 Quranic sharers, only the widow of the deceased survived and said that since the deceased was survived by his widow and a son, the inheritance had to be decided accordingly. It also observed that under the Shariat Act, a Muslim retained the right to stay out of the purview of Muslim Personal Law on certain aspects.
“Deceased Zamir Ahmed had elected not to be governed by Muslim Personal Law on the subject of adoption and thus, if he had adopted a child as claimed by defendant no. 1 (Gulzaro Begum), the said adoption shall be governed by general law of the land,” the court declared.
The court said it couldn’t bring Zamir within the fold of Muslim Law by an indirect route and doing so would be in violation of the choice given to the deceased by law. ADJ Singh said, “The son being a residuary excludes the brothers and sisters of deceased Zamir Ahmed. This being the case, I am of the considered opinion that the plaintiff and the defendant brothers and sisters are not entitled to the partition as prayed for.”

The Waimanalo couple accused of murdering their 6-year-old adopted daughter in 2021 apparently have retained their parental rights over three of the victim’s young sisters.

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Two cases of couples from Uttar Pradesh and Kerala wanting to return their adopted children have hit the headlines recently. Let’s look at the rules, what the courts said and why experts say ‘returned children’ are seemingly becoming a bigger problem

Two unusual cases have hit the headlines recently.

The first saw a couple from Uttar Pradesh seeking to return an adopted child.

The adoptive parents approached the Mumbai High Court in December saying they have not bonded with the child and complaining of the child’s ‘bad behaviour.’

The second witnessed a couple from Kerala in November also seeking to return a girl they had adopted in 2018 after their son passed away in a car accident.

The parents had sought to return the three-year-old boy to an orphanage after they reported that they could not bond with the child. The orphanage then approached the Court seeking a dissolution of the adoption.

The Bombay High Court recently annulled the adoption of a three-year old child after the adoptive parents informed that they were not able to bond with the child emotionally [Bal Asha Trust, Mumbai v. Ashu Singhal, Riddhi Singhal].

The Bombay High Court has canceled the adoption of a child given to a couple in Mumbai. The couple had adopted this 4-year-old child just 5 months ago. The child was handed over to Bal Asha Trust from the police station. The child has a habit of overeating

Mumbai: Bombay High Court has canceled the adoption of a 4-year-old child in his interest. In August 2023, the court gave the child for adoption to a couple. The couple had adopted the child by filing a petition through Bal Asha Trust. After 5 months of adoption, the couple complained to the Trust about the child's uncontrolled bad behavior and habits. Also said that he has not been able to develop emotional attachment with the child, hence we want to return the child. For this they are ready to follow all the rules. Let us tell you that the couple already has a daughter. The trust has suggested counseling to the couple to understand the behavior of the child. So that necessary steps can be taken to improve the behavior of the child. Meanwhile, the Trust suggested adoption experts Central and State Adoption Resource, District Child Protection Unit to study the couple's house.

The aspect of the couple's inability to have a child together was examined. Counseling revealed the child's overeating behavior. The couple also talked about picking up food from the child's dustbin. Then the child was taken to the doctor. After blood test, it was found that the child was on the border line of leptin and diabetes. According to the doctor's opinion, the child may be suffering from obesity and other health problems related to diabetes.
 

The child was found at the police station

During counselling, it was revealed that the couple had no emotional attachment to the child, but the child had an attachment to them. With all the reports and the affidavit of the couple, the Trust had filed a petition in the High Court demanding cancellation of the adoption. The child given in adoption was found by the couple at NM Joshi Marg Police Station, which was handed over to Bal Asha Trust.

The case was heard before Justice Riyaz Chagla. During this time, after considering all the reports and affidavits, Justice Chagla canceled the order of adoption dated 17 August 2023. Also instructed the adoption agency to register the child for adoption again.

Tamil Nadu Social Service Society is an official organisation of the Tamil Nadu Catholic Bishops Conference

The Union Ministry of Home Affairs (MHA) has cancelled the Foreign Contribution Regulation Act (FCRA) registration of a Christian organisation — Tamil Nadu Social Service Society (TASOSS).

The non-governmental organisation (NGO) is the second Tamil Nadu-based Christian association whose FCRA registration has been cancelled 2024.

Tamil Nadu Social Service Society is an official organisation of the Tamil Nadu Catholic Bishops Conference

The Union Ministry of Home Affairs (MHA) has cancelled the Foreign Contribution Regulation Act (FCRA) registration of a Christian organisation — Tamil Nadu Social Service Society (TASOSS).

The non-governmental organisation (NGO) is the second Tamil Nadu-based Christian association whose FCRA registration has been cancelled 2024.

Parents worry about language barrier, as MEA, government officials discuss teaching the child Indian languages

As Ariha Shah, the Indian child taken into parental custody by German Youth Services in 2021 turned three years old, her mother Dhara Shah made another plea to Prime Minister Narendra Modi to intervene in the matter, alleging that German authorities were making no attempt to introduce her to Indian culture. 

Ms. Shah, who was allowed to visit her daughter under supervision last week, says that despite the Ministry of External Affairs’ (MEA) request that German Youth Services or Jugendamt ensure the child is brought up culturally “as an Indian”, Ariha speaks only German and is not being taught English or any other Indian language. She also said that the Jugendamt had turned down a request from the Indian community in Berlin to allow Ariha to attend the Indian Embassy’s Republic Day function.

Process of Adopting from Bangladesh

Note: At least one prospective adoptive parent must be a dual citizen of the U.S. and Bangladesh in order to adopt from Bangladesh.

IN COUNTRY PROVIDER: Although the US requires adoptive families to work through a US Hague accredited agency, Bangladesh does not work with US adoption agencies. The local authorities consider the process to be a domestic placement with Bangladesh citizens. The Guardianship process within Bangladesh is an independent process initiated directly by the Bangladeshi citizen. Hope International has agreements with local licensed attorneys and orphanages in Dhaka, Bangladesh.

TIMEFRAME: Depending on many different factors, including the number of eligible children at the time of your availability to travel to Bangladesh, the timeframe to prepare your initial paperwork and be matched with a child can take 6-12 months. Then it can take an additional 4-6 months to obtain the child’s visa for entry into the United States.

THE CHILDREN: Children available for adoption in Bangladesh are often orphaned due to the stigma of being an unwed mother, poverty, as well from disease and natural disasters. The children available for intercountry adoption from Bangladesh are 1 month-15 years old. There are also sibling groups and children with special needs living in government orphanages in need of an adoptive family.