Having considered the notarised document, the bench said, “We find that the said document nowhere indicates that the adoption is under the provisions of the Hindu Adoption Act. Nothing is sought to be placed on record to indicate that the requirements of the Hindu Adoption Act pertaining to a valid adoption were complied with in letter and spirit.”
“We are of the opinion that by merely executing a notarized document purporting to be an Adoption Deed, the couple cannot claim that they have a right to hold custody of the girl-child,” the bench held.
As far as the action on part of the CWC of registering an FIR against the foster parents and also handing over the girl’s custody to an NGO to look after her, the bench said it acted in a much responsible and legal manner.
“The CWC has acted in terms of the mandate of the Juvenile Justice Act and in pursuance of the objects and reasons for the enactment of the said legislation, which is to ensure proper care, protection, development, treatment and social reintegration of such children by keeping the best interest of the children in mind,” the judges observed, while denying custody of the girl to the foster parents.
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