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THE HINDU ADOPTIONS AND MAINTENANCE ACT, 1956 DOES NOT ENVISAGE AN AGREEMENT TO ADOPT A CHILD, WHO IS NOT YET BORN: PUNJAB AND HARAYANA HIGH COURT

This particular decision is upheld by the High Court of Punjab and Haryana  through the division bench of Justice  M.S. Ramachandra R
in the case of Pooja Rani v. State of Punjab and Others (CRWP-5770-2022)

FACTS

This petition has been filed seeking a writ of habeas corpus with regard to a new born baby boy born on 23.5.2022, who is alleged to be in custody of respondent Nos. 4 and 5 by the petitioner. The petitioner is admittedly the natural mother of the baby. Before the birth of the child to the petitioner, respondent Nos. 4 and 5 had requested the petitioner and her husband to give the child in adoption, and after the birth of the child, the child was taken away by respondent Nos. 4 and 5, who obtained an agreement from the petitioner and her husband allegedly by use of force.

JUDGEMENT

Court concluded that the Hindu Adoptions and Maintenance Act, 1956 does not envisage an agreement to adopt an unborn child. Thus, respondent Nos. 4 an and 5 cannot claim to be in lawful custody of the minor child in question. In view of the above, the court allowed present writ petition by the mother and directed the respondents to hand over the custody of the child to her to her forthwith. It further granted liberty to the respondent Nos. 4 and 5 to take steps to enforce any agreement, which they have, in an appropriate Court of law against the petitioner and her husband with regard to their claim for adoption.

JUDGEMENT REVIEWED BY NAISARGIKA MISHRA

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