Legal Question in Family Law in India
one hindu woman converted into muslim religion after marriage to a sunni muslim. she left her matrimonial home for good faith because of cruelly treatment of her husband.After she left her husband, reconverted herself into Hindu religion.then she delivered a baby girl.the lady then approched an institution promoting Indian adoption & expressed her intention to surrender her child.The institution gave the child to Hindu couple.when the husband of woman knows about this doption, he filed a suit for custody of child on a declaration that child's adoption was null & void.
what will the effect of this case?
3 Answers from Attorneys
the muslim father would be considered the natural guardian of the child and you cannot give the child in adoption without the express consent of the natural guardian/father. the husband may win the custody battle.
Mr Gupta is correct