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In Amrik Singh v. Union Territory of Chandigarh (2023), the Punjab and Haryana High Court considered…

The High Court held that the father’s consent was unnecessary in the circumstances before it. It considered section 6(b) of the Hindu Minority and Guardianship Act, 1956,…

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In Amrik Singh v. Union Territory of Chandigarh (2023), the Punjab and Haryana High Court considered the adoption of a girl born outside marriage to a minor mother. What did it hold about the putative father’s consent in that case?

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Answer and explanation

Correct answer B

The High Court held that the father’s consent was unnecessary in the circumstances before it. It considered section 6(b) of the Hindu Minority and Guardianship Act, 1956, alongside section 9 of the Hindu Adoptions and Maintenance Act, 1956.

The judgment also considered the applicable child-protection process because the mother was a minor.

Option feedback

Option A

The court rejected the argument that the father’s consent was necessary on these facts.

Option B

The court read the provisions on the mother’s natural guardianship and adoption together and held that the father’s consent was unnecessary in these circumstances.

Option C

The judgment discusses the Child Welfare Committee under the juvenile justice legislation, rather than a Juvenile Justice Board consent substitute.

Option D

The ruling did not condition the absence of a consent requirement on renunciation.

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