Can't bar anyone from adopting child on basis of religion, Delhi court allows Muslim prisoner to complete adoption formalities
New Delhi: In a major development, a Delhi court has allowed a Muslim prisoner to adopt a child. The Patiala House court ordered jail superintendent to take the man to the adoption office for completing formalities where his signs were required.
The court of Additional Sessions Judge Dharmendra Rana said no one can't be barred from adopting a child just because one believes in Islam.
Earlier, the prosecution had opposed the plea arguing Islam does not have any provision to allow a Muslim to adopt a child, according to a report in Hindi daily Hindustan.
The judge said that a person can not be denied the right to adopt a child just because he comes from Muslim community. Everyone has an equal right to adopt a child.
A jailed Muslim man had approached the court through his lawyer Kausar Khan seeking parole to go to Haryana's Nuh district to complete adoption formalities.
The formalities required his signatures on the documents for adoption.
Opposing the plea, the prosecution had argued that Islam does not allow Muslims to adopt a child as Muslims are subjected to personal laws.
However, the petitioner's lawyer contended that though Muslim personal laws do not allow Muslims to adopt a child, but Juvenile Justice Act 2000 allows every person to adopt a child. After hearing the argument, the court granted custody parole to the man.
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