Breaking: JJ Act- Child Born In Live-in Relationship To Be Construed As Child Born To Married Couple: Kerala High Court-Read Judgment

first_imgTop StoriesBreaking: JJ Act- Child Born In Live-in Relationship To Be Construed As Child Born To Married Couple: Kerala High Court-Read Judgment Lydia Suzanne Thomas9 April 2021 10:20 PMShare This – xLaw does not differentiate unwed couple and legally wed couple to recognize biological parentsIn a momentous ruling, the Kerala High Court has recognised that a child born in a live-in relationship would have to be treated as a child born to a married couple for the purposes of surrendering a child for adoption. The High Court, through a Bench of Justices A Muhamed Mustaque and Dr Kauser Edappagath was faced with a petition moved by a couple in a live-in relationship to reclaim…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?LoginIn a momentous ruling, the Kerala High Court has recognised that a child born in a live-in relationship would have to be treated as a child born to a married couple for the purposes of surrendering a child for adoption. The High Court, through a Bench of Justices A Muhamed Mustaque and Dr Kauser Edappagath was faced with a petition moved by a couple in a live-in relationship to reclaim their child who had been surrendered for adoption by the woman.Pointing out that the woman had acknowledged her live-in partner as the biological father of their child, the Bench ruled that the procedure employed by the Child Welfare Committee while giving the child up for adoption was legally unsustainable. In its judgment, the Bench found that the procedure applicable to an unwed mother alone was followed. “That is legally unsustainable as the child has to be treated as born to a married couple”, Justices Mustaque and Edappagath hold in their judgment.The Court’s judgment narrates that the woman, Anitha(name changed by court to protect identity), gave her child up to a Child Welfare Committee (Committee), moved by anxiety when her partner John moved to another State and broke the relationship for a while. The couple’s relationship was opposed by their families since they belonged to different faiths.During this interval, between making attempts to contact her partner, Anitha handed over her child to the Committee in May last year, executing a Deed of Surrender in June. The Court’s judgment notes that Anitha’s deed of surrender in no uncertain terms permitted the Committee to give the child in adoption in February 2021. Treating Anitha as an unwed mother, the Committee proceeded to give the child in adoption to a couple under provisions of the Adoption Regulations, 2017 and Section 38 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (the Act). After these developments, Anitha and John(name changed by court to protect identity) approached the High Court and moved a writ of habeas corpus, seeking the return of their child. The Government Pleader and counsel appearing for the Committee submitted that the child had already been given in adoption and the Court opined that a writ of habeas would not lie since proceedings concluded under the Act “had legal colour”. The Court, however, suo motu converted the proceedings to a revision petition after which it was taken up by the Division Bench of Justices Mustaque and Dr Edappagath.The Court’s findingNoting that there were two situations for surrender, one whereby a married couple surrendered their child for adoption and the second where an unwed woman gave her child up for adoption, the Court posed the question of whether a couple in a live-in relationship could be equated to a married couple for the purpose of surrender.The Court pointed out, “In the matter of married couple, the procedure ensures that both the parents execute deed of surrender and; if the child born to a married couple and surrendered by one of the biological parent, and whereabouts of the other parent are not known, the child shall be treated as an abandoned child and procedure under Regulation 6 (of the Adoption Regulations) will have to be followed. This procedure mandates an inquiry to trace out the biological parents or the legal guardians.” Holding that the Act primarily sought to protect the welfare of the child, the Bench underscored that the prime aim of the law is restoration and protection of the child in need of care and protection. The first right of restoration was with parents, then adoptive parents, foster parents, guardians and finally fit persons. Finding that a live-in couple had the right of restoration, the Bench ruled that the parental right of biological parents is a natural right not preconditioned by institutionalization of legal marriage. The Bench explained, “Marriage as a social institution depends upon personal law or secular law like Special Marriage Act. It has no bearing on the concept of Juvenile Justice… In a live-in relationship, a couple acknowledges the mutual rights and obligations. It is more of a contract. Offspring in such a relationship is acknowledging biological parental rights of both.”Therefore the Court concluded,”There is no difficulty in holding that a child born in a live-in relationship also has to be construed as a child born to a married couple.”Application to the facts of the caseThe Court therefore noted that both Anitha’s and John’s names were recorded in the birth certificate and that the child’s surname also reflected the name of the father.Since the couple acknowledged their relationship, it was not for the Committee to inquire about the legal status of the marriage, not being the competent authority to decide on such status, the Court held. “Once it is found that the child is born to a couple, for all practical purposes of JJ Act, inquiry must be initiated as though the child belonged to a married couple”, the Bench ultimately underscored. Thus, any deed of surrender would have had to be signed by both parents, it was stated. Where both parents did not sign and the whereabouts of the other parent are not known, the child was to have been treated as an abandoned child and steps taken to find out the whereabouts of the biological parents, the Court ruled. In this respect, the Court recorded,”In this case, no such procedure was adopted. Admittedly, the procedure applicable to an unwed mother alone was followed. That is legally unsustainable as the child has to be treated as born to a married couple.” Only after an inquiry about whereabouts of parents was fulfilled could the child be deemed fit for adoption. Therefore, the Court ruled that the entire process followed in giving the child up for adoption was vitiated, since only Anitha signed the surrender deed.Holding that the newly adoptive parents accrued no right since the process itself was illegal, the Court set aside the adoption and ordered that the child be restored to the couple. Click here to download the orderSubscribe 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

Prince Harry & Meghan Markle’s Royal Wedding To Be Streamed & Released On Vinyl

first_imgIt’s fair to say that people around the world have been ecstatic about the upcoming Royal Wedding on May 19th. However, we find ourselves asking, “Has the hype gone too far?” after finding out that the nuptials between Prince Harry and Meghan Markle will be released globally on streaming services. Furthermore, for all you vinyl lovers out there, Decca Records has announced that it will be releasing its recording of the ceremony on vinyl after the fact. However, there will also be musical performances during the ceremony, including those by British cellist Sheku Kanneh Mason, Welsh soprano Elin Manahan Thomas, the Choir of St George’s Chapel, and the Kingdom Choir.As the upcoming album’s producer, Anna Barry, noted in a press release, “Capturing the words and music of this Royal Wedding is a great responsibility, knowing how much a permanent record of the event will mean to so many people around the world. Our Decca team will deliver a state of the art recording which captures every nuance of this very happy day and it will be a joy to be a part of the celebrations.”[H/T Pitchfork]last_img read more

South Decatur teacher tests positive for COVID-19

first_imgGreensburg, IN—Jarrod Burns, Superintendent of Decatur County Community School Corporation announced on Wednesday afternoon that a teacher at South Decatur Elementary School has tested positive for the COVID-19 virus.  Dr. Burns advises anyone that might have symptoms of the virus, please contact your medical care provider.  The School says they are working with the Decatur County Health Department and have sanitized the building to standards by the CDC.  Dr. Burns stated that there are no concerns for parents to pick up their child’s devices on Monday.last_img

Rugby sewing initiative kicks off

first_imgThe balls are made of old billboardmaterial stuffed with plastic shoppingbags. Unemployed women with sewingexperience are able to bring in anincome from the sale of the balls (Image: CLE Communications) MEDIA CONTACTS • Makgabo Seema   EnviroServ public relations   +27 11 422 2560 or +27 82 969 5120RELATED ARTICLES • Playing a part to back the Boks • Zuma: 2011 the year of job creation • Springboks given euphoric send-off • Pumping up Bok support for World Cup• Amarula project uplifts SA womenEmily van RijswijckRugby is not normally associated with job creation and recycling, but a resourceful new project called Touch Initiative is teaching unemployed seamstresses to manufacture rugby balls out of old billboards.Initiated and sponsored by Gauteng-based waste management company EnviroServ, the Touch Initiative hopes to use the momentum of the 2011 Rugby World Cup, currently under way in New Zealand, to create more awareness around the drive.“This particular initiative will focus on rugby balls to tie in with the World Cup,” says Thurlow Hanson-Moore from Thewinwingroup, the advertising agency that conceptualised the project.In time Touch will be expanded to create other types of balls and products, he says.Jobs through wasteThe emphasis of the Touch project is on job creation through innovative waste management.According to EnviroServ’s marketing manager Delia Lavarinas, there can be no greater waste than that of wasted talent in South African communities.“We also wanted to harness the energy around rugby in 2011, giving communities a tangible reason to get excited about the world cup.”The campaign provides industrial sewing machines and training for unemployed women with a background in sewing. So far 20 seamstresses have been trained to make these balls, at six hubs in Mpumalanga.The women are able to earn up to R200 (US$24.4) a day from sales of the balls, which cost R50 ($6.1) each. Of this amount, R30 ($3.7) goes straight back into the community and the balance contributes towards operating costs.Once the template is cut from the billboard material, women stuff the balls with up to 30 plastic shopping bags which have been reclaimed from the streets. This too represents an employment opportunity, as people are needed to gather the bags.According to Hanson-Moore, response to the initiative has been enthusiastic, with orders of up to 1 000 balls streaming in.“The idea is to get corporate support, and we are approaching the various rugby unions to get them involved as well,with a positive response.”The plan is to roll the initiative out across the country, establishing employment hubs in all nine provinces. “We want to keep the drive going beyond the World Cup,” confirms Hanson-Moore.To find out more or to place an order for balls, contact Hosia via email or call +27 72 288 9088.Creating jobs, tackling povertyEnviroServ’s core business is to provide innovative and sustainable waste management solutions for South Africa. The company has a number of corporate social initiatives on the go – one of them is the Intuthuko Sewing Project in Etwatwa near Springs in eastern Gauteng.Art lecturer Celia de Villiers and businesswoman Susan Haycock facilitate this embroidery project.EnviroServ approached De Villiers to start the project as the company operates a waste management site in the area and wished to couple it with poverty alleviation in the nearby township. The project employs 35 women and one man.In 2004 the Intuthuko project won an award for its magnificent Journey to Freedom embroideries. The women have since purchased a stall at the Rosebank Rooftop market and are doing exceptionally well.Kick-offThe 7th IRB Rugby World Cup is underway in New Zealand and will conclude on 23 October with the final at Eden Park in Auckland. Nineteen other countries are battling to snatch the title of world champion from reigning champions South Africa, who walked off with the laurels at the previous competition in France in 2007.South Africa and Australia are the only two countries who have been able to win the Web Ellis Trophy twice, and the national team, the Springboks, are campaigning to be the first team in history to successfully defend their title, as well as to win it three times.The Rugby World Cup is now established as the world’s third biggest sporting event after the Olympic Games and Fifa World Cup. In recent years it’s achieved its goal of merging the traditional rugby powers with new and emerging nations to make it a truly worldwide sport, according to the world cup website.The competition takes place every four years under the auspices of the International Rugby Board. England will host the competition in 2015 and Japan in 2019.last_img read more

Banyana ready to tackle Tanzania

first_img29 August 2014South Africa’s women’s football team, Banyana Banyana will wind up Women’s Month with an international friendly against Tanzania at Peter Mokaba Stadium in Polokwane on Sunday evening.They returned from Zambia earlier this week after a 4-0 win over She-polopolo and went straight into camp ahead of the African Women’s Championship in Namibia, which takes place from 11 to 25 October.On trackCoach Vera Pauw said in a statement that her charges’ preparations are on track for the biggest women’s football tournament on the African continent, which will also serve as a qualifier for the 2015 Fifa Women’s World Cup, with the top three finishers qualifying to play in the finals in Canada.“We travelled back to South Africa on Monday and we gave the players a day off on Tuesday but the girls are looking great. We will be ready for Tanzania come Sunday,” Pauw said.Amanda Dlamini is recovering well from a knee injury which she suffered in match against Namibia at the Dobsonville stadium on 10 August.Places up for grabsWith Pauw yet to name her final squad to compete at the African Women’s Championship, competition among players for a place in Namibia is stiff.“Everyone is working hard in the team. It’s not going to be easy for the coach to make the final selection as everyone is putting in great effort,” Banyana Banyana captain Janine Van Wyk said.African Women’s Championship preparationRunners-up in the last African Women’s Championship in 2012, South Africa qualified for this year’s finals after thrashing the Comoros 13-0 away from home in May. The islanders subsequently withdrew from the return leg of the tie, opening the way for Banyana Banyana to play a number of friendly internationals as preparation for the continental showpiece.In eight outings in 2014, all against African opposition, South Africa has won six matches and drawn twice against Zimbabwe: 2-2 in Johannesburg in April and 0-0 in Harare in July.Banyana’s other results include the 13-0 thrashing of the Comoros, a 4-0 defeat of Botswana on 7 June, a 2-1 win over Namibia in Windhoek on 5 July, a 2-0 victory over the same opposition on 10 August on home soil and the recent 4-0 victory over Zambia in Lusaka.GroupsSouth Africa has been drawn in Group B for the African Women’s Championship finals, alongside Cameroon, Algeria and Ghana. Group A consists of Nigeria, Namibia, the Ivory Coast and Zambia.SAinfo reporterlast_img read more

After Effects Quick Tip: Minimizing Pixelation and Artifacts

first_img2. Find Edges and Camera BlurFor this method, duplicate the image and precomp it, telling it to “Leave all attributes” in the original comp. Open the precomp and apply a Find Edges effect. You’ll use this as a matte to blur out any pixelated edges. I hope these three methods help when you’re stuck using tiny assets! If you’ve got any of your own recipes for minimizing grain in After Effects let us know in the comments below! Here are three quick ways to minimize pixelation and artifacts in low-res pictures!No mater how much you try to avoid it, eventually you’re going to have to use some images in a project that are just too small. There are some creative motion-graphics solutions for getting around scaling the images up to a point where you see any pixelation, but here are three quick ways to minimize pixelation when you really need to scale them up to full-fame or larger in After Effects.Here’s the low-res picture we’ll be using at it’s original size in a 1080p comp.Yes, that’s me. I was an awkward teenager. Can we ignore that please! 🙂I’ve had to scale it up to 450%, so you can see the artifacting below:1. Detail-Preserving UpscaleThe Detail-Preserving Upscale effect is a relatively new feature in After Effects, and it’s pretty simple to use. Leave the layer’s scale at 100%, then increase the layer scale in the effect itself. It does a pretty great job, though sometimes the images come out looking just a bit over-sharpened. Go back to the main comp, turn off the precomp, and apply the Camera Blur effect to the original picture. Set the Blur Map to the precomp and set the Blur Radius to 1. This kind-of has the opposite effect of the Detail-Preserving Upscale. You lose a bit of detail/definition, but it’s not a total blur of the whole image.3. Add Film GrainMy personal favorite, and in my opinion, the easiest of all. If you don’t mind a bit of a vintage look, film grain is a great way to cover pixelation. I pulled in a “16mm” clip from my personal Cinegrain package (any equivalent film grain will do), set it to overlay.I then selected “Freeze Frame” (an optional step). Right away, you can see that almost all traces of the pixelation/artifacting are hidden by the grain. The heavier the grain, the more pixelation/artifacting it covers up!last_img read more

Katrina Kaif wants to be in the Game of Thrones

first_imgMumbai, Aug 23 (PTI) Bollywood star Katrina Kaif is a huge fan of fantasy drama “Game of Thrones” and if given a chance the actor would love to work in the HBO series.Katrina posted on Instagram a picture from a recent photoshoot, in which she sports tribal inspired swimwear with heavy silver anklets, and expressed her desire to join the cast of the popular TV series.”Can I be in #gameofthrones pleeeeeasseee… #ilovejonsnow #pleasetakemeintheshow moodyandbroodingismything,” she captioned the photo.Katrina, 34, made her Instagram debut in April this year and currently has 117 posts and 4.6 million followers.The seventh season of “Game of Thrones” has reached its finale with only one episode left. PTI SHD SHDlast_img

BC government sets out new rules for provincial infrastructure projects

first_imgBURNABY, B.C. – British Columbia government projects worth billions of dollars will now be built under a so-called community benefits agreement that sets out job training, who can work on the projects and the wages to be paid.The agreement is aimed at boosting apprenticeship opportunities and hiring more women, Indigenous people and other under-represented workers who will be organized under a new Crown corporation — BC Infrastructure Benefits Inc.Premier John Horgan said Monday the framework will make it a priority to hire local workers and provide good wages for people building roads, bridges, transit and hospitals.However, independent contractors and the Canadian Taxpayers Federation say it’s really a sweetheart deal for unions that will force costs up for public infrastructure.Horgan said the framework will allow everyone to bid on the projects.“Our objective here is to make sure that we can, to the greatest extent possible, hire local contractors to make sure they hire local workers,” Horgan said. “I’m confident there will be no shortage of work.”The first two projects to be delivered under the plan will be the new $1.3-billion Pattullo Bridge and the four-lane expansion between Kamloops and the Alberta boundary on Highway 1.The Canadian Taxpayers Federation said it has deep concerns with the B.C. government’s new “union first” rule for taxpayer-funded infrastructure projects.Contracts for bridges, roads and hospitals should go to groups with the best bids, said Kris Sims, B.C. director of the federation.“It’s very troubling to see the NDP government creating a new Crown corporation just to hand out contracts to their favourite unions, all at taxpayers’ expense.”The Independent Contractors and Business Association said there are nearly $30 billion in government construction projects planned over the next three years and overpaying by creating a union monopoly will cost taxpayers billions of dollars.The government’s announcement was long on taxpayer costs and short on details, said Chris Gardner, president of the association.“Procurement should be open, fair and transparent, not a payoff for political favours.”Horgan said the framework is flexible, would maximize the number of quality bidders and ensure public projects are competitive.“This is a new way of doing business in British Columbia, the previous government delayed and slowed projects by putting obstacles in the way,” he told a news conference at the ironworkers training facility at the British Columbia Institute of Technology.Tom Sigurdson of the B.C. and Yukon Building Trades Council said the best news coming out of the announcement is for apprentices currently in the system.He said the province is facing a severe shortage of skilled labour with more workers leaving than are entering the workforce.“One of the reasons that we have a shortage, or incompletions in the apprenticeship system, is because apprentices are not given job opportunities,” he said. “This is going to allow for apprentices to be on publicly funded projects. It’s something we’ve been calling for for years.”Sigurdson said the agreement means the government will, essentially, be the employer.The Crown agency will work with winning contractors to hire trades and will do the payroll and all the paperwork.“We do have a number of contractors that do not play in the legitimate economy,” Sigurdson said. “In the construction industry there are a lot of workers who are in the underground economy and the contractors are very happy to pay them cash. That’s going to end.”— By Terri Theodore in Vancouverlast_img read more

Trev Talks – Kinder Morgan Court Decision

first_imgThis week on Trev Talks, we discuss the recent court decision that stopped construction of the Kinder Morgan pipeline.  Alan Yu of Fort St. John for LNG joins Trevor to talk about the decision and what it means for our region and the country.They also discussed LNG, Prime Minister Trudeau, Premier Notley and of course all things Energy.You can watch the Youtube version of the show above or watch it on Facebook below. Listen for Trev Talks every Friday at 10 a.m. on Moose FM and shared live on Facebook and Youtube.last_img

Resident doctors ratify agreement under provincial mandate

first_imgVICTORIA, B.C. – The B.C. Ministry of Finance has announced that members of the Resident Doctors of B.C. and the Health Employers Association of B.C. have ratified an agreement under the Government’s Sustainable Services Negotiating Mandate.According to the Government, the mandate focuses on improving services for people and ensuring fair and affordable compensation.Nearly 1,350 resident doctors working for publicly funded health-care employers in B.C.’s hospitals and public health facilities are represented by RDBC. The agreement includes a three-year term, general wage increases of two percent in each year, and a collaborative approach to addressing workload that will support greater engagement with resident doctors, with the intention of retaining them in B.C. when they complete their programs.To learn more about public sector bargaining in B.C., you can visit the Government’s website.last_img read more