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Current muslim husband want to adopt daughter from previous marriage
17-Aug-2023 (In Child Custody Law)
I am a Hindu lady with a 13 yr old daughter frm previous Hindu marriage, divorced by mutual consent in Bangalore in 2006. Decree states custody with me & though my ex husband has visitations rights he has not seen her ever and has not paid any maintenance to me or my daughter.I am now married to a Muslim under special marriage act. Can my current husband adopt my daughter & become her legal father (not guardian). My ex has agreed for adoption. We also want my current husband's name as father in my daughter's passport. DOES JJ Act 2000 apply here or how can it be done? Kindly help.
The JJ Act 2000 is a secular law enabling any person, irrespective of the religion he professes, to take a child in adoption. It is akin to the Special Marriage Act 1954, which enables any person living in India to get married under that Act, irrespective of the religion he follows. Personal beliefs and faiths, though must be honoured, cannot dictate the operation of the provisions of an enabling statute," and The provisions in the adoption deed, which required to be registered, is secular in nature. Further, you can refer the adoption rules formulated for the adoption centres created by the Govt. of India, for further clarity.
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