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The definition of adoption is not new to the world but the adoption has its own rules and regulations, the action or fact of legally taking another's child and bringing it up as one's own, or the fact of being adopted. By the virtue of adoption, child gets transplanted into a new family where after he or she is deemed to be a member of that family as it he or she was born son or daughter of the adoptive parents have the same rights which natural daughter of son had.
There is no proposition against the adoption of a male or female child even though they have a naturally born male or female child in the Christian Law like the Hindu Law was held by the Supreme Court bench of Nageswara Rao and Justice M R Shah
The Karnataka High Court citing the case of Philips Alfred Malvin V. Y.J. Gonsalvis ruled by the Kerala High Court held that the adoption by Christian couple is permissible, contrary to the Hindu law. There is no law interdicting the Christian couple from adopting even though they have naturally born male or female child.
The bench held that
“It is required to be noted that in the Christian law there is no provision against adoption. Nothing has been pointed out that unlike Hindu law there is any law prohibitingThe Christian couple to adopt male or female child, although they may have natural born male or female child as the case may be. Once, it is observed and held that original defendant number 3 and late Maccabeaus were the adopted children of John D. Abraham, both of them were entitled to share in the property of John D. Abraham- adoptive father”
Even though the children were adopted they were befittingly said to be the co-sharers in the suit property belonging to John D. Abraham. The adoptive children are authorised to the respective shares.
“By the virtue of adoption of child gets transplanted into new family there after he or she is seems to be a member of that family as if he or she was born son or daughter of the adoptive parents having the same rights as natural daughter or son had .The right which the child has to succeed the property by virtue of being the son of his natural father in the family of his birth is that clearly to be replaced by similar right in adaptor family and consequently he would certainly obtained those write in capacity of a member of that family as an adopted son.”
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