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Principles of adoption and custody in India

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Adoption means a legal process that allows someone to become the parent of the child, even though the parent and child are not relatable by blood. But in every other way, adoptive parents are the child’s parents. Adoption falls under the ambit of personal law, due to diverse religions practised in our country, especially Hinduism and Islam. The law of adoption is a personal law practised by particular sects of people in India.

In the earlier concept of adoption in Hindu mythology, the only son could have been adopted for the continuation of family lineage and for the performances of funeral rites. But with time and new age, this concept of patriarchal tooth old concept was withered away and new laws of adoption were laid down under the Hindu Adoption and Maintenance Act, 1956, which allows a daughter can also be adopted and which also stated that adopted child is entitled to all rights and duties of non-biological family.

The concept of adoption is characterised as personal law based on two different laws which are discussed as under.

HINDU ADOPTION AND MAINTENANCE ACT, 1956

This act is primarily governed by Hindus, Sikhs, Jains, and Buddhists for the reason that their law provides that ambiguity to the concept of adoption. It mainly provides guidelines for Hindu society and the act deals with topics such as the capacity to adopt, capacity to give in adoption, the effect of the adoption, and such others.

Who is eligible for adoption?

• Any male who is of sound mind, not a minor, is eligible to adopt a son or daughter. But if such male has a living spouse at the time of adoption then he can only adopt the child with the consent of his spouse (unless she has been declared incompetent by the court).

• Any female who is not married, or if married, whose husband is not alive or marriage has been dissolved or her husband has been declared incompetent by court, can adopt son or daughter.

• In case of adoption of a son, by any male or female, there should not be any living son in the succeeding three generations of the party (whether by legitimate blood relationship or by adoption)

• In the case of adoption of a daughter, by any male or female, there should not be any daughter or son’s daughter at the time of adoption.

• Where there is the adoption of a daughter by a male then the adoptive father should be at least twenty-one years older than the child.

• Where there is the adoption of a son by a female then the adoptive mother should be at least twenty-one years older than the child.

Who can be adopted?

• The child can either be a girl or a boy if he/she is a Hindu (including Buddhist, Jaina, or Sikh by religion)

• He/she has not been adopted before

• The child should not be married

Once the child is adopted all the rights and obligations of a natural-born fall upon them. All the laws relating to adoptive parents are in sections 12,13 and 14 of the act. As per section 15, it can be noted that once the adoption is made by the parents or individuals it cannot be cancelled by them and nor can the adoptive child renounce the adoptive family and go back to his/her birth parents. Adoption generally is held permanent in nature, with neither party going back.

GUARDIANS AND WARDS ACT, 1890

Unlike the Hindu Adoption and Maintenance Act, the law stated in the Guardians And Wards Act, 1890 is different. Personal laws of Muslims, Jews, Christians and Parsis’ adoptions are not recognised so if a person desires to adopt a child it can only be taken for guardianship of the child as per Section 8 of this act. The statue makes the child a ward and not adoptive.

However, adoption can take place from an orphanage by obtaining permission from the court under this act. The act, however, became non-religious universal law regarding guardianship of the child.

In a recent landmark judgement of the Nagpur Bench of Bombay High Court, it was held that adoption cannot be restricted to those in need of care and protection. The court ruled that adoption can’t be restricted to those orphans, abandoned and surrendered children, those in conflict with law, or ones in need of care and protection.

CUSTODY OF ADOPTED CHILD

In India marriage is looked at as a sacred arrangement and adopted child as a legal transfer to the parents whereby the child enjoys all rights and obligations as a natural born. When a married couple adopts a child, they must adopt the child with the consent of their spouses present, provided they are declared incompetent by the court of law. The child becomes the legal child of both spouses. The adopted child has the same legal rights in a divorce as all children have in divorce, there are still some special things kept in mind before handling custody to either spouse. The adopted child is considered a minor up till the age of 18 years in the eyes of law and the court defines the guardianship of such child. The court makes the right of custody order that reflects the best interest of the adopted child. The adopted child has special needs and also of unique financial considerations. It is significant for the court of law to identify and address such circumstances that may apply when a child has been adopted.

In Indian law, both spouses have legal rights to approach the court of law for custody during divorce proceedings. In most matters, the custody of the child is legally shared by both parents but in the case of physical custody of the child only one parent gains. Often the family law courts make such decisions keeping the best interest of the child, especially the adopted child, and not merely based on arguments present by each party in the court.

As per Hindu Minority and Guardianship Act, 1956, the mother is held to be the natural guardian of the child up to the age of 5 years. Generally, the custody is given to the parents of the adopted child but sometimes for the welfare of the adopted child, custody is given to a third person such as any adult individual from either families of the spouse or Nari Nikeatan’s or Child Welfare Homes (governed by government) as an interim relief till the proceedings of the matter. Unless proved otherwise, the mother of the child enjoys the physical custody of the adopted child up to the age of 5 years and later the best interest of the child is looked upon by the courts.

In short, all adopted children have similar rights as a biological child in the custodial proceedings in the court of Indian law.

The writer is Advocate at Punjab and Haryana High Court, Chandigarh. The views expressed are personal.

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SPORTS AL DENTE TO DISTRIBUTE FREE JERSEYS

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Sports Al Dente is a rapidly growing sports news and updates website that attracts over a million site visits each month. The website’s impressive numbers are in large part due to the credibility it champions in its coverage. Sports Al Dente boasts about its exclusive content curated by dedicated sports enthusiasts and analysts.

From post-game discussions to analysis and exhaustive match reports, the website has witnessed significant growth in terms of the type of content it publishes each day. Along with providing sports fans all around the world with reliable and unbiased news, the website has now decided to venture out of cyberspace and cater to the underprivileged and masses deprived of proper sports and games facilities. In a partnership with its sister company OtakuRage, Sports Al Dente is now seeking to distribute free jerseys to the underprivileged of society. The initiative by Al Dente comes after the company decided to expand its reach to other parts of India and beyond. Based in Surat, the website has been catering to masses all over the world. The overarching mission of Al Dente has been to popularise sports and games in general. While the Indian sports scene does have a large number of athletes and enthusiasts with a keen interest in various sports, the fledgling facilities and general lack of awareness have been a massive roadblock. Sports Al Dente’s latest partnership with OtakuRage is the company’s efforts at combating the prevailing issues with the Indian sports scene.

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CANHEAL TO OFFER A WIDE RANGE OF TEAS FOR CANCER FIGHTERS

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CanHeal, a one-of-its-kind platform and e-commerce portal for all the life needs of cancer fighters and winners, on wednesday added a wide range of Darjeeling, Green and Herbal teas having health benefits for cancer fighters.

CanHeal has tied up with Darjeeling Sips to offer a large variety of tea sourced directly from tea estates in Darjeeling and the surrounding areas. CanHeal has also added to its portfolio of accessories a range of Chemo Pillows and custom-designed Chemo Bag. Explaining the additions to a wide range of products already available on the CanHeal portal, Anchal Sharma, Founder of CanHeal said, “CanHeal launched its e-commerce and community portal couple of months ago intending with an objective to offer all those products that cancer fighters and winners require to live their life with verve. During my fight against cancer, I came to know of the health benefits of tea in addition to its taste as I was always a fan of Darjeeling Sips sourced directly from tea estates that grow and brew a variety of tea in a socially responsible and planet-friendly way, hence the best fit for cancer fighters.”

“We have also added some smart products to our range of accessories – chemo bag that has been custom designed to hold all that is required during the day-long chemo sessions and pillows that include seat belt pillows, port pillow, armpit pillow and all-in-one comfort pillow to meet the cushioning needs arising due to cancer of different parts of the body. CanHeal is committed to continue adding new products to meet all the needs of cancer fighters at one source.”

CanHeal is in discussion with multiple brands to further expand the range of specially curated products for cancer fighters and winners.CanHeal is a one-of-its-kind Indian e-platform exclusively designed to serve the life needs of Cancer fighters and winners. CanHeal offers a range of Skincare, Body care & Haircare products, Apparel, Food & Nutrition Supplements to enhance immunity and regain strength and Accessories designed specifically for the comfort of patients undergoing treatment and cancer winners having special needs. This product range has been curated by Anchal Sharma.

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Top five upcoming developers changing the skyline of Delhi NCR

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MRG World (Gurugram), Whiteland Corporation (Gurugram), Maasters Infra (Noida), SKA Group (Noida), and Axon Developers emerged as the ‘Top Five Emerging Developers of NCR’ in the list announced by a Delhi-based research firm.

The survey was conducted by International Brand & Research Forum (IBRF) across the region with a special focus on projects launched, projects delivered, and progress of the projects as per RERA; IBRF researched the quality and feedback index on various parameters to come up with the result. The prime focus was on the developers operating in Noida and Gurugram market. Maasters Infra Group, instituted by seasoned professionals and under the patronage of five-decade-old infra company K. R. A. Engineers & Contractors, announced their first commercial project Maasters Capitol Avenue spread over 5 acres in Sector 63, Noida. The project will have office space and retail; the project’s total area would be 10,00,000 sq. ft. to be completed in 42 to 45 months. The company says that the total sales realisation from the project is between Rs. 800 crore to Rs. 1,000 crore. The Group is also coming up with a residential project and one IT project.

Whiteland Corporation, a real estate development company founded by industry stalwart, Mr. Navdeep JP Sardana unveiled the first look of their maiden commercial project Urban Cubes 71 recently in Gurugram. Some of the brands signed, include Striker, Beer Cafe, Nostalgia, Houz Cafe & Bar. The project on Golf Course Road extension, Sector 71, Gurugram, is on a land parcel of about 3 acres acquired from DLF. Urban Cubes 71 is an approved SCO (Shop-cum-Office) development with a total of 34 state-of-art buildings with maximum development facing the main road making it highly attractive. The project is slated to be delivered by October 2022 with a total salable area of 4.5 lac sq. ft. and a projected sales value of Rs. 500 crore.

Realty firm Axon Developers, which has been newly set up by promoters of brokerage firm 360 Realtors, has recently taken over two stressed real estate projects in Delhi-NCR and will invest over Rs. 300 crore to complete them. The company has entered into a development agreement to complete Keltech Kumar Imperial Green project, comprising 350 flats at Noida extension in Uttar Pradesh. It has fully acquired a retail project ‘Manish Gallexie 91’, having 3.5 lakh square feet saleable area, in Gurugram from Manish Buildwell. The company expects a sales realisation of around Rs. 650 crore from these two projects, of which Rs. 500 crores will come from retail projects. Axon Developers is looking at acquiring more projects in Delhi, Noida, Gurugram and Lucknow, both through greenfield and brownfield routes.

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Catering to the affordable housing segment, MRG World has ensured that they live up to the expectations of the middle class to move into their abodes as soon as possible. The directors – Rajat Goel and Vikas Garg – set up the company with a motive to cater to the segment that has the maximum demand. MRG World ensured that they deliver projects before the promised deadline.

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Former Trump lawyer to auction NFT of memoirs written in prison

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Michael Cohen, former lawyer and “fixer” of erstwhile United States President Donald Trump will display and auction a non-fungible token of the first page of his memoirs written while serving his prison term, NFT platform and curated marketplace ArtGrails announced on Wednesday.

The ArtGrails NFT exhibition will run from December 1 through December 12.

The successful bidder will receive the original manuscript, which was handwritten by Cohen while serving the first days of his federal sentence in New York’s Otisville Prison, as well as an NFT-backed video of Cohen working on the memoir’s first pages from his holding cell. The video, recorded by an unnamed colleague, was filmed just before the former Trump attorney was sent back to his luxury Park Avenue apartment to serve the rest of his term.

Bidding will begin on December 1 at 5 PM Eastern Time and will go on till December 12, 5 PM Eastern Time. In addition to the manuscript, ArtGrails is releasing a set of fixed price Cohen’s prison badges in an NFT Edition release on December 12 at 4 PM Eastern Time, which will feature three different levels of rarity – Open, Gold and Grail.

ArtGrails is a curated NFT experience, and as such, we are working with some of the highest caliber creators and artists in the market today.” Says ArtGrails.com founder, Avery Andon. “When Michael [Cohen] came to me after deciding to release his manuscript and federal prison badge, I knew this had to be a project facilitated by our platform. Integrating an NFT into the release of this one-of-a-kind physical item, not only validates them using blockchain technology, but it also gave us the ability to incorporate some creativity into the release.”

In addition to the NFT-backed physical manuscript page, written on Cohen’s personal letterhead, and his actual Prison Badge from Otisville Federal Prison, the team at ArtGrails is making available limited release NFT versions of Cohen’s Otisville Federal Prison badge. These NFTs will be released in three different levels of rarity, “open”, “gold”, and “grail”.

ArtGrails will host a VIP party and Q&A media event in Miami’s design district on Friday, December 3, the event will feature a live video appearance by Michael Cohen who will read from his manuscript and also take limited questions from the event attendees and media.

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EVERY TIME YOU OPEN A CHILEAN PRODUCT YOU ARE ‘UNBOXING CHILE’

The main objective of Unboxing Chile is to offer India a box full of diverse experiences, opening which will trigger the senses of Indian consumers into experiencing the culture, scenic beauties, colours, and aromas.

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The India office of ProChile, the agency of the Ministry of Foreign Affairs of Chile, which promotes the export of Chilean goods and services and whose role is to boost the commercial relationship between Chile and India hosted a one-of-a-kind event titled ‘Unboxing Chile’ on 26 November 2021.

Ambassador of Chile to India, H.E. Juan Angulo with Ms. Marcela Alejandra Zuñiga Alegria, Trade Commissioner of ProChile




The Chilean products showcased at the event were fresh produce like kiwi fruit, cherries, blueberries, and apples and dry fruit like walnuts.
The event that was hosted at Hotel Leela in Gurugram saw the participation of leading Indian food, travel, and lifestyle writers, influencers, and enthusiasts.
The main objective of Unboxing Chile is to offer India a box full of diverse experiences

The main objective of Unboxing Chile is to offer India a box full of diverse experiences, opening which, will trigger the senses of Indian consumers into experiencing the culture, scenic beauties, colors, and aromas. In turn, they get to feel the spirit of Chile, its warmth, all the beautiful places that Chile can show, and the identity of the Chilean people stamped in their products.

The event that was hosted at Hotel Leela in Gurugram saw the participation of leading Indian food, travel and lifestyle writers, influencers and enthusiasts.

Speaking on the occasion, Ambassador of Chile to India, H.E. Juan Angulo, remarked that “Chile and India share a tremendous relationship that is based on shared values. Economic partnership between the two countries continues to grow and food is a very important part of this. Indians are slowly getting a taste of Chilean foods and are beginning to appreciate the quality that Chilean produce brings. Chile is bestowed with a unique topography to make Chile a phytosanitary island. This is a primary reason for the high quality of produce that comes from there.”

Marcela Alejandra Zuñiga Alegria, Trade Commissioner of ProChile in India said that the goal of ProChile is to bring Chile closer to India and improve the visibility of Chile, as a country, supplier and partner. ProChile is a nonprofit entity, whose main objective is to improve bilateral trade between both countries. Unboxing Chile is an international campaign that comes alive tonight in India and provides an incredible opportunity to know and connect with Chile, its flavors and its people.

The Chilean products showcased at the event were fresh produce like kiwifruit, cherries, blueberries and apples and dry fruit like Walnuts. Chilean wines were also showcased. Unboxing Chile also exhibited tourism possibilities in Chile. The evening was thoroughly enjoyed by those present and the Chefs at Leela under the leadership of their Executive Chef Ashish Bhasin put out an extensive menu featuring Chilean fruits and dry fruits.

This truly was an opportunity to get to know Chile and its wonderful bounty. Unboxing Chile stimulates one’s senses and through this experience, created memories that will not let those who attended forget the magical goodness of Chile. This was Unboxing Chile. As it was said, “Every time you open a Chilean Product you are #Unboxing Chile.”

Chilean ambassador Juan Angulo said, “Economic partnership between the two countries continues to grow and food is a very important part of this.”

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You end up saying things in writers room that come out only during therapy: Garima Pura

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Garima Pura

Writer Garima Pura joined NewsX for a candid chat as part of NewsX India A-List. In the exclusive conversation, Garima, who is the co-writer of the Netflix show ‘Little things’ opened up about her journey of working as a screenwriter.

Garima started off by giving us insights about her fellow writers and sharing her experience of being the writer of a prominent show like ‘little things’ she said, “ The first and second season were written by Dhruv Sehgal, he is the original writer. When Netflix picked it up for the third season is when they asked for a diversity in the writers teams. Writers room experience per say was all heart. You end up saying things that come out only during therapy. Writing is a fairly personal experience. There is craft and technique but mostly there is experiences and emotions. So all the writers have to become friends and get to know each other well. You just put all those experiences in the mix on the table and then pick what is good for the show. She went to say that, ‘’This is not purely experience based, there’s fiction too

Talking more about her writers room experience and how she bagged the project, Garima shared, “Little things writers rooms was first few in the country. This concept is seen an advent with the advent of OTTs. At that time, I was already floating my work with the production houses to see if I get something or not. I was presenting and asking to be given an opportunity. That is when ‘Little things’ team went through my profile. We had to write sample scripts and a solid screening process post which we were picked. Then we found ourselves in a little writers room where we met day and day out.

Sharing about the overwhelming response from the audience on the third season of the show, Garima expressed, “There are so many talented people out there who deserve their writing to be showcased. Being in this position, I feel so honored and privileged that I got an opportunity so early in my carrier to contribute to an already solid show. I feel great and humble at the same time and it also inspires me to do better work and tell stories which are honest and people feel close to.”

When asked about her previous work experiences, the writer said, “ I have made documentaries in the past and I’ve been different types of writer at different stages. Till the time I was in studying in Chandigarh, filmmaking was no where in the horizon, I just wanted to be a writer. I had published poems and stories and enrolled in a media course to become a journalist. So there I felt like film making is a good vessel to share my experiences and be heard.”

For our final question, we asked Garima about her upcoming projects, to which she revealed, “ Right now I am doing dialogues for an 8 episode web show. I am extremely excited for this because it’s North Indian dialogues as I have a good command over this lingo. Next, I am working with Audible and a couple of short films here and there. I wrote a feature documentary “Sacred bond” which is about an orphan elephant who is being taken care of by human parents”.

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