Case Note & Summary
The Bombay High Court, while dealing with a petition under the Guardians and Wards Act, 1890 for appointment of guardian of a female minor named Rita, noted that the procedure for ascertaining the genuineness of biological parents/unwed mother, authenticity of relinquishment, and child's birth, and to prevent malpractices in relinquishment was required to be clearly spelt out. Accordingly, notices were issued to institutions such as Nirmala Niketan and Tata Institute of Social Sciences to evoke their response on related matters. Pursuant to the notices, they appeared through their representatives Dr. Mehta for Nirmala Niketan and Mrs. Asha Vajpayee for Tata Institute of Social Science. Besides them, Mr. Hariharan with Ms. Pranjali Ahire addressed the issue on behalf of I.C.S.W. Ms. Madhavi Diwan, Advocate also assisted the Court in formulating the Scheme on the said issues. Mr. Rajesh Kapoor, Advocate for the Petitioners and Mrs. Madhubala Kajale, A.G.P. including Ms. Vandana Krishna, the Secretary of Women and Children Development Department, State of Maharashtra, also contributed for formalising the procedure. The Court laid down a comprehensive procedure to be followed in such petitions to ensure genuineness and prevent malpractices.
Headnote
A) Family Law - Adoption - Procedure for Ascertaining Genuineness of Biological Parents/Unwed Mother - Guardians and Wards Act, 1890 - The Court noted that the procedure for ascertaining the genuineness of biological parents/unwed mother, authenticity of relinquishment, and child's birth, and to prevent malpractices in relinquishment was required to be clearly spelt out. Notices were issued to institutions such as Nirmala Niketan and Tata Institute of Social Sciences to evoke their response on related matters. (Paras 1-3)
Issue of Consideration
What procedure should be followed in petitions under the Guardians and Wards Act, 1890 for appointment of guardian of a minor to ensure genuineness of biological parents/unwed mother, authenticity of relinquishment, and child's birth, and to prevent malpractices in relinquishment?
Final Decision
The Court laid down a procedure for ascertaining the genuineness of biological parents/unwed mother, authenticity of relinquishment, and child's birth, and to prevent malpractices in relinquishment in petitions under the Guardians and Wards Act, 1890. The Court issued notices to institutions and formulated a scheme with the assistance of various representatives and advocates.
Law Points
- Procedure for ascertaining genuineness of biological parents/unwed mother
- authenticity of relinquishment
- child's birth
- prevention of malpractices in relinquishment
- Guardians and Wards Act
- 1890
