Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | guardian Juvenile Justice |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Juvenile Justice (care and Protection of Children) Act, 2000 (56 of 2000) Guardians and Wards Act, 1890 (8 of 1890) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | GUARDIANS AND WARDS ACT, 1890: ยท ss .. 7 and 26 - Applications by appellant, a female American citizen, for an order appointing her as guardian of a minor female orphan and for permission to take the child out of country for purpose of adoption - Held: Claim of appellant will have to be necessarily considered on the basis of the law as in force on date, namely, the provisions of the JJ Act and the Rules framed thereunder and Guidelines of 2011 which have been conferred a statutory sanction - Having regard to totality of facts of the case, proposed adoption would be beneficial to child apart from being consistent with legal entitlement of appellant - Appellant is appointed as legal guardian of the child and is granted permission to take the child to USA - CARA will issue the necessary conformity certificate as contemplated under clause 34(4) of the Guidelines of 2011 - Juvenile Justice (Care and Protection of Children) Act, 2000 - s. 41 - Juvenile Justice (Care and Protection of Children) Rules, 2007, r. 33 - Guidelines for Adoption from India, 2006 - Guidelines Governing the Adoption of Children, 2011 - Adoption - Inter country adoption.The appellant, an American citizen, by an application u/s 7 of the Guardians and Wards Act, 1890 (the Act), sought for an order appointing her as guardian of a 10 years old female orphan. By another application u/s 26 of the Act, she sought permission of the court to take the child out of the country for the purpose of adoption. Both the applications were rejected on the sole ground that the appellant being a single prospective adoptive parent was aged about 53 years whereas for such a person the maximum permissible age as prescribed by the Government of India Guidelines in force was 45. The High Court upheld the orders. |
Judge | Honble Mr. Justice Ranjan Gogoi |
Neutral Citation | 2013 INSC 84 |
Petitioner | Stephanie Joan Becker |
Respondent | State And Ors. |
SCR | [2013] 1 S.C.R. 951 |
Judgement Date | 2013-02-08 |
Case Number | 1053 |
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