Legal Question in Family Law in India
I am working on a moot problem. In this one , a hindu guy marries a christian lady and since they cant have a child , the guy suggests to adopt his sister's third daughter kranti which the lady reluctantly agrees to. On her desire for natural child post adoption , they get a surrogate child; the guy planned to name him Rahul and the lady planned to name him james. The guy meets with an accident and dies. On enquiry by the guy's father, the lady denies kranti's share in her husband's property saying under christian law she cant adopt and tht james will get the property. The guy's father files a case in district court for kranti's share and also so that james does not inherit since he is not a natural child. In district court , the judgement is that the lady doesnt have any say on the adoption under hindu adoption and maintenance act 1925 and even james can inherit a share of the property . the lady appeals in high court saying under special marriage act, the guy couldnt have adopted based on hindu laws and that james is a natural child because he was born out of her egg and the guy's sperm. How do i go about this problem and what could be the main issues here for my memorial
2 Answers from Attorneys
The trial courts decision is right. Contest the appeal by a competent lawyer. Marriage under special marriage Act ( if there is any proof) and adoption are two different and distinct points and should not be mixed.
You should have to face appeal because the district court's order in your favour and you have to submit counter affidavit before the high court against her application.
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