Legal Question in Family Law in India
I WAS ORALLY REQUESTED BY MY YOUNGER BROTHER , TO GIVE BIRTH TO A CHILD AS I HAVE TWO SONS AND HE SHALL ADOPT ONE OF MY MALE CHILD. I GAVE BIRTH ON 22nd JANUARY 2011. HE ADOPTED MY CHILD IN A SOCIAL PUJA CERMONY AND AT THE TIME OF ADOPTION HE PROMISED ME THAT I CAN SEE MY CHILD IN FUTURE AND BE-FRIEND HIM AND ALSO EVEN IF MY WIFE IS CAPABLE OF GIVING BIRTH TO A CHILD IN FUTURE SHE SHALL BEAR NO MORE CHILDEREN. BUT EVERY THING WAS ORAL . BUT ONE DEED OF ADOPTION WAS MADE ON STAMP PAPER WITH FAMILY MEMBERS AS WITHNESS. BUT NOW MY BROTHER GAVE BIRTH TO A ANOTHER CHILD SOON AFTER ADOPTION . HE DID NOT LET MY ADOPTED CHILD DRINK EVEN THE MOTHER'S MILK AS INFANT. NOW MY BROTHER IS SHOWING CRUELITY , HE DOESNOT LET ME MEET MY CHILD , I DONOT KNOW HIS STATUS . I DOUBT MY BROTHER INTEGRITY. HE HAS TURNED MY ENEMY NOW A DAYS DUE TO SOME FAMILY PROPERTY DISPUTE BETWEEN US AFTER DEMISE OF MY FATHER IN DEC 2011. I WANT MY CHILD BACK - WHAT TO DO . CAN I GET COMPENSESATION ALSO , FOR MY CHILD WHO DID NOT DRINK HIS MOTHER'S MILK DUE TO MIS-DEED OF MY BROTHER.
2 Answer from Attorneys
From your statement, it is not clear whether the adoption was done and registered or not.
In any event you can still complaint about cruelty to child.