You query is not clear to me.
Whose children are these and where is the question of adoption arising here?
Children under Guardianship act 1890
Hi We’re Christians having two daughters under Guardianship & Wards Act 1890 with no other children. Wife is with Central Government and wants to include children in the service book. The administrator is not sure about the status of the children and asking for relevant rule as it is not under adoption. Could you help us, please?
Asked 8 years ago in Labour
8 Answers
Section 64 and 65 of code of criminal procedure code offer solutions when the person on whom the summons is to be served, is not found. While the former talks about leaving the document in duplicate with any adult member of the family, the latter states that in cases where no member of the household is present, the summons should be affixed in some conspicuous part of the house in which the person ordinarily resides and subsequently declare that the summon had been served or issue orders for fresh service.
Well, I thought a brief description would suffice, here we go: We - my wife and I - have 'adopted' 2 children from an orphanage however being Christians it is under Guardians & Wards Act, 1890 so can't be called 'adoption' as we have given guardianship till they become major. On the basis of the court document we have procured their passport, adhar/pan card etc. (they don't have a birth certificate). The issue we now face is when we want to include children in wife's service book (wife is working with Ministry of health, Central Government) in order to get CGHS, LTC etc., the Administrator says that they are not clear about the service rules in such cases (as it is not 'adoption') so wanted us to tell him which rule is applicable in case of children under Guardianship. As far as we know adopted children and children under Guardianship (our case) have equal status as far as service book entry is concerned. What I need is the specific clause under which this is mentioned. Hope I make myself clear now.
Asked 8 years ago
Sorry by mistake posted answer to some other query here's my sincere apologies
would be pertinent to succinctly consider the Guardians and Wards Act, 1890. The Act, which applies to Christians in India, lays down the procedure by which guardians are to be appointed by the Jurisdictional Court. Sections 7, 11 and 19 deserve extraction, for facility of reference.
“7. Power of the court to make order as to guardianship
(1) Where the court is satisfied that it is for the welfare of a minor that an order should be made-
(a) appointing a guardian of his person or property, or both, or
(b) declaring a person to be such a guardian,
the court may make an order accordingly.
(2) An order under this section shall imply the removal of any guardian who has not been appointed by will or other instrument or appointed or declared by the court.
(3) Where a guardian has been appointed by will or other instrument or appointed or declared by the court, an order under this section appointing or declaring another person to be guardian in his stead shall not be made until the powers of the guardian appointed or declared as aforesaid have ceased under the provisions of this Act.”
form of application are contained in Section 10 and the procedure that applies to a guardianship application is prescribed in Section 11.
11. Procedure on admission of application
(1) If the Court is satisfied that there is ground for proceeding on the application, it shall fix a day for the hearing thereof, and cause notice of the application and of the date fixed for the hearing-
(a) to be served in the manner directed in the Code of Civil Procedure,1882(14 of 1882)11 on-
(i) the parents of the minor if they are residing in any State to which this Act extends;
(ii) the person, if any, named in the petition or letter as having the custody or possession of the person or property of the minor;
(iii) the person proposed in the application or letter to be appointed or declared guardian, unless that person is himself the applicant; and
(iv) any other person to whom, in the opinion of the court special notice of the applicant should be given; and
(b) to be posted on some conspicuous part of the court-house and of the residence of the minor, and otherwise published in such manner as the court, subject to any rules made by the High Court under this Act, thinks fit.
On basis of court orders apply for entry of children in service book
Thanks, Ajay, however that doesn't answer my question. Could you go thru the details I've given above. The clause (from the service rules) I am looking for is for the entry into service book or more specifically, where the children under guardianship are given equal status with 'adopted' children.
Asked 8 years ago
We’re Christians having two daughters under Guardianship & Wards Act 1890 with no other children.
If the children are not your biological children or if they are not your adopted children by an adoption deed or by an order of the court for a valid adoption, you can just remain as guardians alone till the children become major i.e., till they attain adulthood at the age of 18 years.
Therefore in the absence of any valid adoption deed, it may not be possible to include the names of the children in the service book as your children.
The clause (from the service rules) I am looking for is for the entry into service book or more specifically, where the children under guardianship are given equal status with 'adopted' children.
If you have been appointed as guardian to the children under the Guardians and wards act, then s the name suggests, you will just be guardians and not adoptive father or parents. You may have to get a registered adoption deed executed to become legally valid adoptive parents or by an order of the court competent to declare that you are adoptive parents.
People sometime consider Lawyers to be super human who can understand the intention of client from his one/two liner query.
Could not find any clause in service book wherein children under guardianship are given equa status with adopted children