Legally Free Certificates For Adoption Issued By CWCs Prior To Dissolution In August 2022 Valid In View Of Status Quo Order: Jammu & Kashmir High Court
Case Title: Court on its own Motion Vs State of J&K & Ors
The Jammu and Kashmir and Ladakh High Court on Monday held that Legally Free Certificates for adoption issued by the Child Welfare Committee (CWC) in Srinagar before dissolution in August 2022, are legally valid in view of status quo order passed by a single Judge.
The juvenile Justice (care and protection of Children) Act 2015, to establish each and every district have own juvenile justice board and child welfare communities. In 2022 abolish to cwc in government of jammu and Kashmir. Before They can issue a legal certificate for Adoption of children. After abolition of committee is declared the certificate in valid. They can return to the children. So the parents are suffered from their actions.
In that view of the matter, the Legally Free Certificate issued in favour of the babies sought to be adopted by the applicants cannot be said to be invalid for that reason. For the forgoing reasons, this application is allowed and it is clarified that Legally Free Certificate of the babies issued by CWS, Srinagar dissolved on 24.08.2022, are legally valid having been issued by the CWC, Srinagar, which is continuing pursuant to the interim directions passed by learned Single Judge dated 06.09.2022 in WP(C) no. 1748/2022.We however, make it clear that apart from the above, we have not expressed our opinion on merits of any other matter in connection with the adoption of the babies by the applicants.
Name : Rahini. R Year : 5th year BA. LLB College : Chennai Dr. Ambedkar Government Law College
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