P&H High Court Emphasizes 'Consent of Adoptive Father is Sine Qua Non' in Child Custody Case

In a recent judgment that delves into the complexities of child custody and adoption laws, the court emphasized that the "consent of the adoptive father is sine qua non," highlighting the importance of mutual consent in adoption cases.

The case revolved around a dispute between biological parents and adoptive parents over the custody of a minor child named Agam Pratap Singh. The biological mother claimed she was coerced into signing an adoption deed, which was not signed by the adoptive father, rendering it null and void.

The court pointed out the limitations of its writ jurisdiction, stating that it could not adjudicate on disputed facts involving child custody while exercising writ jurisdiction for issuing a writ of habeas corpus. "The issue involved disputed facts which cannot be adjudicated by this Court while exercising writ jurisdiction," the judgment read.

The court also referred to the Hindu Adoption and Maintenance Act, 1956, emphasizing that the "consent of the adoptive father is sine qua non as per section 8," just like the consent of the wife is envisaged under Section 7 of the Act.

In its decision, the court directed an interim arrangement for weekly visitation rights for the biological parents and ordered them to initiate appropriate proceedings for adjudication of their claim to the child's custody within two months.

The judgment also cited previous cases, including Criminal Appeal No. 838 of 2019 “Tejaswini Gaud and others vs. Shekhar Jagdish Parsad Tiwari and others” and Ghisalal vs Dhapubai, to strengthen its observations.

Date of decision: 28.08.2023

Dr. Honey Chahal and another vs State of Punjab and others