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Adoption Does Not Sever Relationship With Biological Father, Even If He Renounces Right As Father: Madras HC [Read Order]

first_imgNews UpdatesAdoption Does Not Sever Relationship With Biological Father, Even If He Renounces Right As Father: Madras HC [Read Order] Mehal Jain18 Aug 2020 7:07 AMShare This – xThe Madras High Court, in a judgment delivered recently, refused to substitute in the birth certificate of a minor girl the name of her adoptive father, who is her biological mother’s second husband, in place of her deceased biological father’s name. The court was hearing the plea under Section 56 (2) of the Juvenile Justice (Care and Protection of Children) Act, 2015 read with…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe Madras High Court, in a judgment delivered recently, refused to substitute in the birth certificate of a minor girl the name of her adoptive father, who is her biological mother’s second husband, in place of her deceased biological father’s name. The court was hearing the plea under Section 56 (2) of the Juvenile Justice (Care and Protection of Children) Act, 2015 read with Regulations 52(4) and 55(2) of the Adoption Regulations praying to appoint the adoptive father (the biological mother having agreed to give the child in adoption to her second husband) of the person of the minor female child so that the latter is entitled to the legal status of biological daughter with all therights of succession and inheritance and for all purposes allowed by the law. On behalf of the petitioners, it was urged that the 2nd petitioner had married the 1st petitioner and is leading a happy life. The minor child is also a part of this family and she has recognised and accepted the 1st petitioner as her father. The 1st petitioner has come forward to adopt the minor child and the 2nd petitioner, the natural mother of the minor, is also desirous that the 1st petitioner is legally recognised as the father of the minor child. Denying the relief, Justice P. T. Asha observed that “it cannot be granted for the simple reason that the said late V.Venkatesh was the biological / natural father of minor Sahanaa and on the date on which the birth certificate was issued by the Authorities the said Venkatesh was very much alive and it is he who has been described as the father of the minor child in the birth certificate issued by the Authorities”. The Single Judge proceeded to observe that the adoption does not sever the relationship of the minor with her biological father, the only exception being when the biological father himself renounces his right as father of the minor and consents for the child to be taken in adoption by the adoptive father. “Even in such cases, it is my view that the status of being the biological father does not change. It is only the status of an adoptive father, custody and maintenance of the minor that changes hands”, the Single Bench asserted. The Court opined that while it is not in dispute that the 2nd petitioner as the biological / natural mother of the minor is empowered to give the child in adoption, but she cannot deprive the child’s right to have the name of her biological / natural father in her birth certificate. The bench appreciated that the registration of the births is governed by the provisions of the Registration of Births and Deaths Act, 1969. Sections 8, 9 and 10 mandates that the information of the births and deaths be given to theAuthorities by the persons listed. The Act also makes provision for a delayed registration and the procedure is encapsulated in Section 13 of the Act. Section 15 talks about the circumstances under which an entry in the register of births and deaths can be corrected or cancelled. This Section would provide that a correction or cancellation of the entry in the register of births and deaths could be made in the following circumstances:(a) When the entry is erroneous in form or substance; and (b) The entry has been fraudulently or improperly made. On the occurrence of the above, the application could be made to the Authorities seeking correction or cancellation by giving the reasons. The said Section further provides that there shall be no alteration to the original entry and the correction can only be made in the margin with the Authorities signing the same. “Therefore, from a reading of Section 15 it is clear that the original entry cannot be corrected / deleted and the incorporation of the new details can be made only in the margin”, noted the bench. The Court further reflected that the State of Tamil Nadu in pursuance of the powers vested under Section 30 of the Registration of Births and Deaths Act, 1969 has notified the Tamil Nadu Registration of Births and Deaths Amended Rules called the Tamil Nadu Registration of Births and Deaths Rules, 2000. “In the case of adoption the form which is prescribed is Form 1-A. Serial Nos.4 and 5 in the said form relates to the name of the mother and father respectively. Serial Nos.7 and 8 relates to the name of the adoptive mother and the adoptive father. Therefore, the request by the petitioners to delete the name of the biological / natural father from the original birth certificate is legally not sustainable particularly when the rules clearly provide for incorporating the name of the adoptive parents separately in Column Nos. 7 and 8 as adoptive parents and not as the natural parents”, remarked the bench. The Single Judge was of the view that the biological father is no more and therefore it cannot be said that he severed his ties with his daughter. Even though the biological / natural mother has given her consent for the 1st petitioner stepping into the shoes of the father by filing this petition, this Court cannot permit the substitution of the name of the 1st petitioner as the biological / natural father of the minor.Click Here To Download Order[Read Order] Subscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Storylast_img read more

Show Us The Data: Time For Companies To Reveal What They Know About Us

first_imgTop Reasons to Go With Managed WordPress Hosting 8 Best WordPress Hosting Solutions on the Market john paul titlow Why Tech Companies Need Simpler Terms of Servic… Tags:#Big Data#policy#privacy center_img California has proposed a potentially groundbreaking consumer privacy law. The Right To Know Act, if approved, would require companies to divulge what kind of data they have on individual consumers, as well as with whom they’re sharing that information. We need this. Not only should California pass this law, but it should be emulated far and wide. And while it’s a good start, The Right To Know Act is really just the beginning of what’s needed.The vast quantity of personal data that companies collect, store and sell is mind-boggling. We caught a glimpse of some of this massive and now-routine data mining during the presidential campaign. Outside of the election cycle, it continues full force as marketers and financial institutions amass private information about consumers, sell it to one another and use it in ways that aren’t entirely clear. Much of it is totally obvious and innocent. Some of it probably isn’t. We don’t know. That’s the problem.The Ongoing Personal Data Explosion Of course, this data is just going to keep exploding. The proliferation of smartphones has generated enough privacy questions to keep lawyers and legislators busy for a generation. We’re just beginning to grapple with those issues and now Google wants us to wear computers on our faces. As we move toward wearable computers, connected cars and smart homes, the sheer volume of data about our personal lives is going to grow exponentially. There’s a lot we stand to gain from these advances in personal technology, just as we have with smartphones and tablets. But before we plough forward into this otherwise awesome future, we should probably take a minute and think about some of the less exciting implications. Privacy is at the top of the list.The Right To Know Act sounds like a sensible attempt to set up the kind of consumer privacy framework we’ll need to have in place if we don’t want things to get too weird in the future.Whether or not we actually regulate the ways companies use this data is another question, which we’ll also need to deal with. In the meantime, what the Right To Know Act will do is simply allow consumers to know exactly what data exists and and to learn a little bit about how it’s being used.“This Law Is About Transparency”“This law is about transparency and access, not new restrictions on data sharing,” writes the Electronic Frontier Foundation (EFF), one of the supporters of the bill. “It helps consumers, regulators, policymakers, and the world at large shine a light onto the largely hidden, highly lucrative world of the personal data economy.”To Europeans, this concept isn’t anything radical. As Ars Technica points out, the European Union has laws like this on the books already, as it should. The principle of habeas data, as it’s known, is just a part of digital life there. How likely is passage of the bill? Plenty of firms will loathe it, but it will be interesting to see how tolerant the more privacy-friendly tech companies are of the idea. It’s hard to predict the bill’s fate, but when it comes to implementing forward-thinking privacy laws, California has a pretty decent track record.The premise is that simple: Companies know a lot about us, and we, as consumers, have a right to know what they know. Whether or not we can do anything about it, we at least deserve to know. They are, after all, our lives.  Related Posts A Web Developer’s New Best Friend is the AI Wai…last_img read more

Indian NGO Working on Maternal Health Wins MacArthur Award

first_imgPosted on January 20, 2011November 13, 2014Click to share on Facebook (Opens in new window)Click to share on Twitter (Opens in new window)Click to share on LinkedIn (Opens in new window)Click to share on Reddit (Opens in new window)Click to email this to a friend (Opens in new window)Click to print (Opens in new window)Action Research & Training for Health (ARTH), an Indian NGO with a mission to “help communities access and manage health care according to their needs and capacity, by using research and training initiatives,” was awarded a MacArthur Award for Creative and Effective Institutions. The organization is planning to use the funding to promote maternal health in the Indian state of Rahasthan:ARTH will use the $350,000 (about Rs 1.58 crores) award to complete its field campus, purchase permanent office space and contribute to its endowment. The field campus, including three health centers and training school will be used for training “Bhil-Gameti” tribal girls of southern Rajasthan as auxiliary nurse-midwives (ANMs). Tribal girls tend to drop out of school; hence special efforts will be made to help some of them to cross secondary school, enroll as nursing-midwifery students and to complete the ANM course. It is expected that high quality midwifery training offered by ARTH will generate a demand for their services, and employment in the health sector will contribute to the health, educational and economic empowerment of the tribal community they represent.Share this: ShareEmailPrint To learn more, read:last_img read more

18 days agoLiverpool defender Van Dijk: Thank-you Wolves – but I’ll say no more!

first_imgAbout the authorPaul VegasShare the loveHave your say Liverpool defender Van Dijk: Thank-you Wolves – but I’ll say no more!by Paul Vegas18 days agoSend to a friendShare the loveLiverpool defender Virgil van Dijk has paid tribute to Wolves after their shock win at Manchester City.Van Dijk was surprised that City were unable to score against Wolves on Sunday.The defending Premier League champions lost 2-0 at home to Nuno Santo’s side while Liverpool won 2-1 against Leicester City to extend the gap at the top of the table to eight points.Reds centre-back Van Dijk said he thought it would be a “difficult game” for City but not as tough as it eventually proved.“I didn’t expect that, of course,” he told Sky Sports.“Everyone expected a difficult game for City, but City at home but it doesn’t happen much that they don’t even score one goal at home.“A great performance from Wolves, you have to give credit to them but you know the situation, you can’t really say much about it.“They will try to bounce back from it and until then we’ve just got to focus on our international football of course.” last_img read more

7 days agoEx-Real Madrid coach Toshack encourages Bale to use his Spanish publicly

first_imgAbout the authorCarlos VolcanoShare the loveHave your say Ex-Real Madrid coach Toshack encourages Bale to use his Spanish publiclyby Carlos Volcano7 days agoSend to a friendShare the loveFormer Real Madrid and Wales coach John Toshack has again encouraged Gareth Bale to use his Spanish publicly.Regarding Bale’s apparent inability or reluctance to express himself openly in Spanish, Tosh says he has no excuses. He told Libero: “I never had Spanish lessons. People said that I spoke poor Spanish, that I couldn’t speak the language properly but little by little, after trying to speak, to read, making an effort… I’d still get all the verbs wrong and get mixed up… “But for Bale, to be in a country like the one he’s in, in my view he has to speak the language. Sometimes, I’d just like to know what he’s thinking. And that’s not me being overcritical with him. Even if you get things wrong or make mistakes, you can still express yourself in another way. It’s like a challenge or a little battle.” last_img read more

March Madness Crib Notes For Sundays Games

While Saturday’s top-billed matchups (specifically, Arizona-Ohio State and Kentucky-Cincinnati) looked sexier on paper than any in store on Sunday, day No. 2 of the round of 32 offers some solid games of its own — as well as fewer sleepers. Keep a particular eye on the trio of 2-versus-7 matchups, each of which should be reasonably competitive by the standards of this round.Here’s what else to look for:South RegionalGame to watch: No. 1 Duke vs. No. 8 San Diego State (a harmonic mean of 88.0) at 2:40 p.m. EDT on CBSUpset alert! No. 7 Iowa (27 percent win probability) vs. No. 2 Gonzaga at 7:10 p.m. EDT on TBSIN DEPTHDuke (85 percent win probability) vs. San Diego StatePlayer to watch: Jahlil Okafor, DukeAfter taking care of Robert Morris with ease in its opener, Duke moves on to face the slow-paced, defensively focused Aztecs. San Diego State has a tall team that ranks among the nation’s best at limiting opponents’ shooting efficiency and keeping them from getting to the line. But watch for Duke’s offensive rebounding (spearheaded by All-Everything center Jahlil Okafor) to offset some of SDSU’s defensive advantage. And when the Aztecs have the ball, scoring might be an ordeal. Neither of San Diego State’s two go-to guys on offense — Winston Shepard and Dwayne Polee — could even match the Division I average for efficiency when they ended an Aztec possession, a trend that figures to continue against a solid Blue Devils defense. Midwest RegionalIN BRIEFGame to watch: No. 2 Kansas vs. No. 7 Wichita State (87.6) at 5:15 p.m. EDT on CBSUpset alert! No. 5 West Virginia (55 percent) vs. No. 4 Maryland at 8:40 p.m. EDT on TNTIN DEPTHKansas (57 percent) vs. Wichita StatePlayer to watch: Fred VanVleet, Wichita StateWichita State’s offense clicked in the second half of its victory over Indiana on Friday, but the points may not come as easily against a strong Kansas defense that ranks ninth nationally in Ken Pomeroy’s schedule-adjusted ratings. The game may come down to whether Wichita State can execute its pick-and-roll — according to Synergy Sports, the Shockers’ pick-and-roll ball-handling efficiency ranked in the 93rd percentile of Division I schools; the Jayhawks’ defense was in the 85th percentile at stopping the play. At the other end, it’s worth watching whether the more interior-focused Kansas offense can adapt to take advantage of a Wichita State defense that dares opponents to move the ball around and shoot from the outside. West RegionalIN BRIEFGame to watch: No. 1 Wisconsin vs. No. 8 Oregon (87.3) at 7:45 p.m. EDT on TruTVIN DEPTHWisconsin (87 percent) vs. OregonPlayer to watch: Frank Kaminsky, WisconsinOregon’s offense — far and away the strength of the team — came to the rescue against Oklahoma State in the round of 64 as the Ducks shot 55 percent from the floor to outgun the Cowboys in a 79-73 win. But securing enough stops to beat Wisconsin might be a struggle for the defensively challenged Ducks. According to Ken Pomeroy’s ratings, Wisconsin easily owns the best offense in the country, a unit primed to take advantage of Oregon’s weak shot defense and inability to force turnovers. The Ducks also lack the risky traits that sometimes help heavy underdogs chance their way into upsets. But one path the Ducks might navigate to victory is to force the tempo and make the Badgers play at their pace. Oregon had the 33rd-fastest offense in the country this season (as measured by seconds per possession), while Wisconsin had the third-slowest. East RegionalIN BRIEFGame to watch: No. 2 Virginia vs. No. 7 Michigan State (89.5) at 12:10 p.m. EDT on CBSUpset alert! No. 5 Northern Iowa (55 percent) vs. No. 4 Louisville at 9:40 p.m. EDT on TBSIN DEPTHVirginia (72 percent) vs. Michigan StatePlayer to watch: Anthony Gill, VirginiaVirginia didn’t exactly look dominant against a stubborn Belmont team Friday, and now the Cavaliers must face an even tougher opponent in Michigan State. The Spartans have the talent to stick with Virginia — they’d have a 37 percent chance of the upset here if we based our prediction on preseason ratings alone — and their coach is familiar with deep tournament runs. Plus, Virginia operates its offense at a veritable crawl, slowing down the game and inviting the kind of variance that can prove deadly for a favorite. But other than their snail-like pace, the Cavaliers play a sturdy style as upset-proof as any, relying primarily on two-point shooting, ball security, rebounding, and an old-fashioned big, tough interior defense. It all makes for a team with few clear weaknesses, something Michigan State will likely learn the hard way.Check out FiveThirtyEight’s March Madness predictions. read more

Mens basketball Recruiting and wins over premier programs define new Ohio State

Ohio State head coach Chris Holtmann is 114-85 as a head coach, including four consecutive 20-win seasons. Credit: Courtesy of TNSChris Holtmann, who spent the last three years as Butler’s coach, has agreed to an eight-year deal to be Ohio State men’s basketball’s next head coach following Thad Matta’s firing Monday. The deal is worth around $3 million annually, according to the press release.In just four seasons, Holtmann has gone from head coach at Gardner-Webb in the Big South to Butler in the Big East and now OSU in the Big Ten. Holtmann, 45, is the 14th head coach in program history and has a pedigree of helping programs achieve postseason success in a short amount of time while keeping his foot on the gas on the recruiting trail.Coaching successHoltmann’s coaching career began at his alma mater, Taylor University, in Upland, Indiana — a town of 3,845 people, according to the 2010 U.S. Census. He served one season as a graduate assistant, went to Geneva College as an assistant coach for one season, then returned to Taylor as an assistant coach for four seasons.The Trojans were 50-16 and won two conference championships in Holtmann’s final two years before he left for his first Division I coaching job at Gardner-Webb. He spent five years as an assistant coach and associate head coach before his teammate at Taylor, John Groce, gave him a call to join his staff in 2008 at Ohio University.In his second year, Holtmann assisted Groce in leading the Bobcats to their first Mid-American Conference tournament title in five seasons and a first-round upset of Georgetown in the NCAA Tournament as a No. 14 seed in 2010. “Chris was a huge part of that (tournament run). It was just a great hire,” Groce, current Akron head coach, told The Lantern in a phone interview Friday. “I already knew who he was as a person and that certainly played into my decision to hire him when I was at Ohio. I knew that he was going to be loyal, humble, hard-working and anything you would want from a character perspective.”That ended up being Holtmann’s final season on Groce’s staff as he left for the Gardner-Webb head coaching position following that tournament appearance. From that point forward, Holtmann has had unprecedented success leading up to his hire on Friday.Despite a below-.500 record in three years as head coach at Gardner Webb (44-54), the Runnin’ Bulldogs won 21 games and made their first Division-I postseason tournament in the 2012-13 season — Holtmann’s final year before darting to Butler.Holtmann was an assistant for Brandon Miller’s 2013-14 Butler squad that went 14-17. The next season, Holtmann took over as interim head coach when Miller took a medical leave of absence. The interim tag was removed in January 2015 and he led the Bulldogs to a surprising 23-11 record and a second-place finish in the Big East. The next two seasons, Holtmann was 47-20 with a berth in the Sweet 16 in 2017.Groce said the rise in Holtmann’s career isn’t surprising given Holtmann’s character.“As we worked together for two years, it became very obvious to me how good he was professionally … whether it was coaching, developing players, recruiting, how organized he was, work ethic, et cetera,” Groce said.“I wanted (my assistant coaches) to grow. I wanted them to get better and improve and move forward in the profession. That’s a big reason why I’m so excited for what Chris has done. What he did at Butler, what he did at Gardner-Webb as a head coach, I think through all that he’s maintained who he is as a person.”RecruitingOSU Athletics Director Gene Smith made it clear during Monday’s press conference where he fired coach Thad Matta that the next head coach at OSU would have to be an excellent recruiter in the Midwest.It appears he found that.“He’s connected, there’s no question,” Groce said. “He has experience in (Ohio and Indiana) which will be beneficial to what they need to get done from a recruiting perspective, but Chris has an ability to develop relationships regardless of location. I think one of his strengths is that he’s well-rounded and one of those areas that’s a strong suit for him is the recruiting piece.”In his first season as head coach at Butler, he recruited Tyler Lewis, Kelan Martin and Tyler Wideman who all started for Butler’s Sweet 16 team this past season. He also has taken three players from the state of Ohio, including 2017 OSU target Kyle Young from Massillon Jackson.In OSU’s press release, Smith explicitly said Holtmann had great Midwestern recruiting ties, as evidenced by nine players who have committed to Butler from Kentucky, Indiana or Ohio since the 2014 class.What makes his ties more important is the deep 2018 and 2019 recruiting classes in Ohio. Dane Goodwin is the lone commitment since Matta’s Monday exit, but the other five top-six recruits in Ohio for 2018 could turn the entire OSU program around. Pete Nance, Dwayne Cohill, Darius Bazley, Jerome Hunter and Justin Ahrens all hold offers OSU. Ahrens and Bazley were once committed to the program.In 2019, local products Jordan Mitchell and Jeremiah Francis are the top two players in the state, according to 247Sports, and already hold OSU offers.Giant KillerBlue-blood programs such as North Carolina, Kentucky, Arizona and Villanova largely define college basketball. Holtmann has defeated all four of those schools. He defeated defending national champion Villanova twice in 2016-17.Holtmann was an assistant at Gardner-Webb when it defeated Kentucky in 2007.The past three seasons, OSU has won a single game against an Associated Press Top-25 team outside of Columbus. OSU was 3-13 against Top 25 teams in the past two seasons and has lost by double-digits in nine of its last 18 road conference games.Holtmann was 13-10 in games against Top 25 opponents in three seasons at Butler.Jacob Myers: [email protected] and Twitter @Jacob_Myers_25 read more

Pellegrini sets West Ham a points target

first_imgWest Ham United manager Manuel Pellegrini wants to end the first round of Premier League fixtures on a high by beating SouthamptonAfter losing their opening four games of the season, West Ham have since climbed up to 12th in the table with four wins in their last five matches.Next up is Southampton, who are the only team the Hammers are yet to face in the league this term.Now Pellegrini hopes to add another three points to West Ham’s tally on Thursday to ensure a positive start to his reign in charge.“We have the last game of the first part of the season, and if you can tell me that after we lost the first four games we could finish with 27 points, that would be a good first round for us,” said Pellegrini on the club website.“We know that we have to play a good game against a team who have won their last two, but we will try to recover the points we lost at home to try to add three more.”Fabian Balbuena, Marko Arnautovic, Lucas Perez and Javier Hernandez are all doubts for West Ham during a hectic period.Harry Maguire, Manchester UnitedLiverpool legend Nicol slams Harry Maguire’s Man United form Andrew Smyth – September 14, 2019 Steve Nicol believes Harry Maguire has made some “horrendous mistakes” recently, and has failed to find his best form since joining Manchester United.“We need to play a lot of games during December – seven games and then six more in January,” added Pellegrini.“Unfortunately for us we have eight players who don’t have the option to return soon.“Maybe for Marko Arnautovic, I don’t know about Southampton, but he could be back soon.“We need to see about the two players who went off the pitch on Saturday, Chicharito and Fabian.“Javier had a kick in his back during the last week and he couldn’t work for all of it and he felt the same problem on Saturday, maybe with some strain in his hamstring.“If Fabian cannot play, I think Angelo Ogbonna has demonstrated that he is a very good centre back. He is working hard, so he will have his opportunity and I trust in him a lot.“The injuries are a big problem, but we need to trust the squad and try to make a good rotation for the players.last_img read more

PFA chief Taylor confident review will go ahead

first_imgIn response to media criticism, PFA chief executive Gordon Taylor insists an independent review of the organisation will take place soon.Back in November 2018, Taylor wrote to members of the PFA, forming them he and the board would be recommending a QC-led independent review into the “structure and operation of the organisation”.Reports are rife the announcement of the review was preceded criticism aimed at Taylor, who has been in the role 38 years, over his annual salary and management issues.A statement from the PFA chief disclosed via Sky: “In the light of recent media interest I wish to clarify the situation with regard to the proposed Independent Review of the PFA.“A decision has been made by the Trustees and the Management Committee to appoint Sport Resolutions as the appropriate body to conduct the review. Sport Resolutions are in the process of constituting the panel that will conduct the review and will finalise the Terms of Reference and scope of the review.“The independent review will look into the (i) governance; (ii) management; and (iii) policies, procedures and operations of the PFA, with the aim of ensuring the PFA operates effectively, in accordance with the highest standards and in the best interests of its members.English Premier League flops of the week Taimoor Khan – August 25, 2019 The third round of English Premier League football is pretty much over and we need to take a look at players and coaches who…“Mindful of the PFA’s role to protect, improve and negotiate the conditions, rights, and status of all professional football players by collective bargaining agreements, the Independent Review’s objectives will be to make recommendations on any changes necessary to implement best practice.Remarkable power vacuum at top of British sport; CEO vacancies at UK Sport, BOA & UK Athletics. But especially in football where Prem League, FA & EFL all need new CEOs. Interesting to see if PFA supremo Gordon Taylor bucks trend & continues to cling to power after 2018 revolt pic.twitter.com/co6gs96juY— Dan Roan (@danroan) February 20, 2019“The Panel will aim to submit its findings to the Trustees and Management Committee of the PFA as soon as reasonably practicable (whilst ensuring that it comprehensively delivers on the agreed scope).“In the spirit of accountability and transparency, the Key Findings and Recommendations will be published by the PFA as soon as practicable after its completion (whilst ensuring that any necessary confidentiality is maintained).”last_img read more