hello

your husband must be a divorcee when you married him. after you married him you became her mother and the law recognizes you as such. she becomes your child by virtue of the marriage and hence you can sponsor your family.

regards

Father is natural guardian of his child

2) in the absence of a natural and testamentary guardian, the court is empowered to appoint a guardian for the purpose of the minor’s person or property or for both. The appointment of guardian by court is governed by the Guardianship and Wards Act,

Guardianship Under Muslim Law:

The source of law of guardianship and custody are certain verses in the Koran and a few ahadis. The Koran, the alladis and other authorities on Muslim law emphatically speak of the guardianship of the property of the minor, the guardianship of the person is a mere inference. We would discuss the law of guardianship of custody as under :

(a) Guardianship,

(b) Custody, and

(c) De facto guardian.

Classification of Guardianship

In Muslim law guardians fall under the following three categories :

(i) Natural guardians,

(ii) Testamentary guardians, and

(iii) Guardians appointed by the court.

Natural Guardians

In all schools of both the Sunnis and the Shias, the father is recognized as guardian which term in the context is equivalent to natural guardian and the mother in all schools of Muslim law is not recognized as a guardian, natural or otherwise, even after the death of the father. The father's right of guardianship exists even when the mother, or any other female, is entitled to the custody of the minor. The father has the right to control the education and religion of minor children, and their upbringing and their movement. So long as the father is alive, he is the sole and supreme guardian of his minor children.

The father's right of guardianship extends only over his minor legitimate children. He is not entitled to guardianship or to custody of his minor illegitimate children.

In Muslim law, the mother is not a natural guardian even of her minor illegitimate children, but she is entitled to their custody.

Among the Sunnis, the father is the only natural guardian of the minor children. After the death of the father, the guardianship passes on to the executor. Among the Shias, after the father, the guardianship belongs to the grandfather, even if the father has appointed an executor, the executor of the father becomes the guardian only in the absence of the grandfather. No other person can be natural guardian, not even the brother. In the absence of the grandfather, the guardianship belongs to the grandfather's executor, if any.'

Testamentary Guardian

Among the Sunnis, the father has full power of making a testamentary appointment of guardian. In the absence of the father and his executor, the grandfather has the power of appointing a testamentary guardian. Among the Shias, the father's appointment of testamentary guardian is valid only if the grandfather is not alive. The grandfather, too, has the power of appointing a -testamentary guardian. No other person has any such power. Among both the Shias and the Sunnis, the mother has no power of appointing a testamentary guardian of her children. It is only in two cases in which the mother can appoint a testamentary guardian of her property of her minor children :

first, when she has been appointed a general executrix by the will of the child's father, she can appoint an executor by her will; and secondly, she can appoint an executor in respect of her own property. which will devolve after her death on her children.

The mother can be appointed a testamentary., guardian or executrix by the father, or by the grandfather, whenever he can exercise this power. Among the Sunnis, the appointment of a non-Muslim mother as testamentary guardian is valid, but among the Shias such an appointment is not valid, as they hold the view that a non-Muslim cannot be a guardian of the person as well as of. the property of a minor. It seems that the appointment of non'-Muslim fellow-subject (iiinmi) is valid, though it may be set aside by the kazi. According to the Malikis and the Shafii law, a zimmi can be a validly appointed testamentary guardian of the property of the minor, but not of the person of -the minor. The Shias also take the same view. It appears that when two persons are appointed as guardians, and one of them is disqualified, the other can act as guardian. A profligate, i.e., a person who bears in public walk of life a notoriously bad,character, cannot be appointed as guardian:

Acceptance of the appointment of ...testamentary guardianship is necessary, though acceptance may be express or implied. But once the guardianship . is accepted, it cannot be renounced save with the permission of the court.

Muslim law does not lay down any specific formalities for the appointment of testamentary guardians. Appointment may be made in writing or orally. In every case the intention to appoint a testamentary guardian must be clear and unequivocal. A testamentary deposition made by a testator may be invalid, but appointment of the executor may be general or particular. The testator must have the capacity to make the will at the time when it was executed. This means that the feslat8r ghould be major and of sound -mind, i.e., at the time of execution of the will, he should be in full possession of his senses.

The executor of the testamentary guardian is designated variously by Muslim lawgivers, indicating his position and powers. He is commonly called, wali or guardian. He is also called amin, i.e., a trustee. He is also termed as kaim-mukam, i.e., personal representative of the testator.

Guardian appointed by the Court.-On the failure of the natural . guardians and testamentary guardians, the kazi was entrusted with the power of appointment of guardian of a Muslim minor. Now the matter is governed by the Guardians and Wards Act, 1890. This Act applies to the appointment of guardians of all minors belonging to any community. The High Courts also have inherent powers of appointment of guardians, though the power is exercised very sparingly.

Under the Guardians and Wards Act, 1890, the power of appointing, or declaring any person as guardian is conferred on the District Court. The District Court may appoint or declare any person as guardian of a minor child's person as well as property whenever it considers it necessary- for the welfare of the minor, taking into consideration the age, sex, wishes of the child as well 'as the wishes of the parents and the personal law of the minor.

Here you have to go by wish of father or testamentary wise.

1. As per both the schools of Muslim Law, mother can not be the 'wali' or legal guardian of her daughter, step or biological.

2. Moreover, even step father also can not be the wali but can be the representative of the wali or the legal guardian.

You can not avail the legal guardianship as per Islamic law as explained in my earlier post.

It is true Muslims cannot adopt child

Only option is for making application to be appointed as guardian under provisions of guardian and wards act

Mam you have to file in the district court for the legal guardianship under the guards and wards act to be appointed as the legal guardian of the daughter of your husband.The court shall pass an order same can be used.

The permission or appointment of legal guardian from the court has to be taken.

De-facto guardians, A de-facto guardian is a person who is neither a legal guardian nor a testamentary guardian or statutory guardian, but has himself/herself assumed the custody and care of a child. According to Tyabji a de-facto guardian means an unauthorised person who, as a matter of fact, has custody of the person of a minor or his property.[6] De facto guardian is a person having no authority for the guardianship but under the circumstances has taken the responsibility to act as the guardian of a minor.

Citation

Gohar begum v. Suggi, AIR (1960)SC 63

Dear Madam,

You make use of following settled law of the land as pronounced by Hon’ble Supreme Court of India, various High Courts and circulars of the State govt

Adoption by Step-Parent was not possible in India until now. In its most recent guidelines, CARA has now permitted the same. Please go through the 2017 Adoptions Regulations w.e.f. Jan 16, 2017 - allowing step parents to legally adopt the child from of their partner (from a previous marriage)

Adoptions Regulations 2017 – Ready Reckoner

MINISTRY OF WOMEN AND CHILD DEVELOPMENT has notified the Adoption Regulations 2017 as framed by the Central Adoption Resource Authority. These guidelines come into force w.e.f. Jan 16, 2017.

The 2017 regulations are path breaking in terms of addressing the need for in-family adoptions, post adoption support, child centric provisions, category for immediate placements, flexibilities by way of relaxation committee, extended validity of home study report, equitable referral of children, time limit on courts for disposing adoption deeds, consolidation of seniority list, facilitating root search even by children below 18 years of age to name a few.

The salient features of these guidelines are:

• A Fundamental Principle relating to all adoptions to be registered on Child Adoption Resource Information and Guidance System (CARINGS) has been included to ensure that all adoptions, including In-Family and Relative adoptions are registered with CARA.

• The scope of children available for adoption has been expanded to include a child of a relative and step-children

• The age criteria for prospective adoptive parents has been relaxed for relative / in-family adoptions and adoption by step-parent.

• The limit on eligibility for adoption has been reduced from 4 children to 3 children. Therefore, couples with three or more children shall not be considered for adoption except in case of special need children, hard to place children as mentioned in regulations and for relative adoption and adoption by step-parent.

• Home Study Report emphasizes the preparedness of the parents and their ability to support a child in adoption – beyond their immediate need

• DCPU has been allowed time limit of 3 working days to place advertisement / notification for tracing the parents/guardians in case of child received in adoption – earlier the same was 72 hours.

• Parents can indicate their preference for the State from which they wish to adopt, at the time of registration, itself – which will determine their waitlist in that State, for their chosen preference for the gender and age combination of the child they wish to adopt. Parents can also indicate “All India” if they do not have any specific preference. The parents will be automatically registered for all the Specialized Adoption Agencies of the State or States they have opted for.

• The validity of the home study report has been extended to 3 years from 2 years.

• The number of children to be referred to parents based on their seniority has been reduced to three (from up to six, previously) – in one or more referrals.

• New terms related to Disruption, Dissolution and Habitual Residence have been included to address Post Adoption responses

• The validity of registration of parents has been extended from current period of two years to being valid until adoption is complete, with revalidation of the Home Study Report in every three years.

• In case of siblings or twins, the Specialized Adoption Agency shall file single application in the court.

• The court shall hold the adoption proceeding in-camera and dispose of the case within a period of two months from the date of filing of the adoption application by the Specialized Adoption Agency

• The adoptive parents shall not be asked in the adoption order to execute any bond or make investment in the name of the child, considering the fact that their psycho-social profile and financial status have already been ascertained from the Home Study Report and other supporting documents.

• Special provisions has been provided for to address post adoption scenarios relating to disruption or dissolution of adoption, safeguarding the interests of the child.

• The parents shall be referred children on the basis of a single seniority list as against separate seniority list provided for in erstwhile regulations for resident of overseas parents.

• Parents shall be allowed to change the State preference once within sixty days from the date of registration without losing their seniority

• Seniority of parents registered as single, but married later shall be counted from the date of registration as single after receipt of fresh Home Study Report.

• Parents registered for normal child, shall be able to adopt a special need child or children in Immediate Placement category with the same seniority

• Provision has been made for adoptees above eighteen years to apply for root search independently online while children below eighteen years can apply jointly with their adoptive parents to the Authority seeking facilitation of root search.

• The regulations provide for additional efforts for adoption of children, who are not getting any referral for long time

• Provisions have been made for adoption by relatives and step-children within new guidelines

• A Relaxation Committee has been provided for to facilitate decision making in extra ordinary circumstances of adoption, bearing the best interests of the child.

I must tell you that in Muslim law adoption was not possible in India till 2014. In 2014 a judgment of the sc came wherein it allowed adoption even among muslims.

Regards

Dear Client,

Bar on adoption in Muslims was a past. In 2014 Supreme Court has held any person can adopt a child under the Juvenile Justice (Care and Protection of Children) Act 2000 irrespective of religion he or she follows and even if the personal laws of the particular religion does not permit it.

The JJ Act 2000 is a secular law enabling any person, irrespective of the religion he professes, to take a child in adoption. It is akin to the Special Marriage Act 1954, which enables any person living in India to get married under that Act, irrespective of the religion he follows. Personal beliefs and faiths, though must be honoured, cannot dictate the operation of the provisions of an enabling statute.

Hi,

There is an agency named Child adoption and regulation agency in India under the ministry of child development. You may approach the same for legal and valid adoption.

You will have to adopt the girl, though there is no procedure in the Muslim law for the same but CARA has made appropriate provisions for the same.

You may visit the CARA website.

Regards

You may visit the website at the following link:

http://cara.nic.in/

You may also talk to them over the help line, they are very cooperative and will guide you through the same.

Regards

You need to file a guardianship petition for being appointed as guardian of your step daughter

In case of absence of mother by divorce or by expiry of the mother in Muslim father becomes the guardian of the children and as he is married to you, you need to follow the procedure late by the CARA in case of adoption . CARA is the nodal agency and you have to submit the NOC from your husband as he is the legal guardian for the adoption.

Legal guardianship can be on the name of either of the biological parents of the child.

If they are living then the step mother cannot become the legal guardian to the child for any reason.

If the biological mother is not living then the father can give the child in adoption under G&W Act to his wife.

1) You have to check with Kazi from trustees, if the child is minor than its your responsibility check my previous last 3 paragraphs.

1) You have to check with Kazi from trustees, if the child is minor than its your responsibility check my previous last 3 paragraphs.

Dear Querist

you may adopt that girl under Juvenile Justice care and protection act-2000/2007, as this act provide the adoption to Muslim too.

Feel Free to Call

Muslims are not allowed to adopt children, but an application can be made to become a legal guardian under provisions of Guardian and Wards act,1890.

Although mother is not the natural guardian of the child under Muslim law, but she has a right to the custody of the child, till the child attains a specific age. But, after your marriage, you'll be naturally the custodian of the child.

Legal Guardianship Under the said act would serve the same purpose of adoption in your case.