Step-father adopting a child after biological father’s death

✅ Step-father adopting a child after biological father’s death

✅ Courts’ approach under Guardians and Wards Act, 1890 (if non-Hindus), or adoption principles generally

Here’s a list of key cases you can cite or study, with short summaries:

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🔹 1️⃣ Suma Bewa v. Kunja Bewa (AIR 1972 Ori 143)

👉 Principle: Under Hindu law, after the death of the father, the mother has full authority to give the child in adoption without needing consent from paternal relatives.
✔ Useful if you want to confirm the mother’s right to give the child in adoption when the father is deceased.

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🔹 2️⃣ Shabnam Hashmi v. Union of India (2014) 4 SCC 1

👉 Principle: The Supreme Court held that under Indian secular law, any person (regardless of religion) can adopt under the Juvenile Justice Act, 2000 (now replaced by JJ Act, 2015), even if personal laws don’t provide a formal adoption mechanism.
✔ Important for Muslims, Christians, Parsis — shows they can go for statutory adoption, not just guardianship.

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🔹 3️⃣ Lakshmi Kant Pandey v. Union of India (1984) 2 SCC 244

👉 Principle: Landmark case on the welfare of the child as the paramount consideration in adoption. Though focused on inter-country adoptions, the Supreme Court laid down detailed guidelines ensuring that any adoption process must prioritize the best interest of the child.
✔ You can cite it to emphasize welfare + best interest.

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🔹 4️⃣ Githa Hariharan v. Reserve Bank of India (1999) 2 SCC 228

👉 Principle: Interpreted the term “after the father” under Hindu law to mean “in absence of the father”, including when the father is dead or absent, giving the mother the right to act as natural guardian.
✔ Supports the mother’s authority after father’s death.

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🔹 5️⃣ Guardians and Wards Act, 1890 cases (general principles):

Courts have repeatedly held under the GWA that:

• The welfare of the minor is the main criterion (Section 17 GWA).

• The biological mother can act as next friend and support the stepfather’s application.

• Courts will assess the financial, moral, emotional capability of the proposed guardian.

Example:
Kumar Surendra Singh v. State of Bihar, 1980 AIR 954
👉 Welfare of the child overrides mere technical legal rights.

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🔹 6️⃣ Section 56, Juvenile Justice (Care and Protection of Children) Act, 2015

Though not a precedent, this statutory provision allows any person to adopt a child under JJ rules, irrespective of religion, overriding personal laws.

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📌 Summary Points You Can Argue:

✅ After father’s death, mother has authority under Hindu law (if Hindu family)
✅ For Muslims, Christians, Parsis → guardianship + adoption under GWA or JJ Act
✅ Welfare of the child is the paramount consideration
✅ Adoption improves legal rights (succession, inheritance)