The INS News
No Result
View All Result
  • Home
  • News
    • Regional
    • Srinagar
    • Jammu
    • National
    • World
  • Business & Economy
  • Multimedia
    • Photo Gallery
    • Video Gallery
  • Health
  • Jobs & Careers
  • Press Releases
  • Blog
  • Home
  • News
    • Regional
    • Srinagar
    • Jammu
    • National
    • World
  • Business & Economy
  • Multimedia
    • Photo Gallery
    • Video Gallery
  • Health
  • Jobs & Careers
  • Press Releases
  • Blog
No Result
View All Result
The INS News
No Result
View All Result
Home News Regional

Muslim adopted son cannot claim benefit of SRO 43: HC

INS Desk by INS Desk
July 31, 2018
A A
HC quashes 9 PSA detention orders
Share on FacebookShare on TwitterWhatsappTelegramEmail

Srinagar: As Muslim community does not permit adoption as a matter of process, the Jammu and Kashmir High Court has dismissed a plea by a man, seeking benefit of SRO-43 of 1994 for being the adopted son of a person who was killed in an encounter between the Army and militants on 30 November 2004.
As per the SRO, the family member means spouse, son, daughter, sister or brother or adopted son or daughter (in respect of communities whose case adoptions are permissible under the Law) dependent on the deceased.
“A bare perusal of the amendment made in the year 2014 vide SRO 177 dated 20th of June, 2014, to the Rules of 1994, brings it to the limelight that in the case of an adopted son/ daughter claiming the benefit of SRO 43 of 1994, the same will only apply if the ‘personal law’ governing such community, of which the beneficiary/adoptee is a member, permits the process of adoption,” a bench of Justice Ali Mohammad Magrey said while dismissing the petition by one Mohammad Rafiq Wagay, adopted son of one Abdul Khaliq Sheikh who was killed in an encounter between the Army and militants on 30 November 2004.
In the event, the ‘Personal Law’ governing the beneficiary/adoptee does not permit adoption as a matter of process, then, in such eventuality, the beneficiary/appointee is not entitled to claim benefit under SRO 43 of 1994, the court said.
“Applying the ratio of the amendment made in SRO 43 of 1994 to the facts and circumstances of the case on hand, what can be stated is that the petitioner is a member of such a community (Muslim) which does not permit adoption as a matter of process and, therefore, the petitioner, being an adopted son of the deceased, cannot claim the benefit of SRO 43 of 1994,” the court added.

RELATED POSTS

PM Modi chairs high-level meeting

CM announces Rs 10 lakh ex-gratia relief for families of deceased

All chartered Haj flights cancelled till May 14

Buy JNews
ADVERTISEMENT
Previous Post

Centre upset with Vohra, search for new Governor J&K begins

Next Post

Assam’s Citizen Identification Can Exclude 4 Million People, Ensure Rights, Nondiscrimination for All Residents says HRW, Amnesty International

INS Desk

INS Desk

Related Posts

PM Modi chairs high-level meeting
Regional

PM Modi chairs high-level meeting

May 10, 2025
CM Omar inaugurates Raabta: Transforming Citizen-Government Interface
Regional

CM announces Rs 10 lakh ex-gratia relief for families of deceased

May 10, 2025
Snowfall: All flights operations cancelled at Sgr Airport
Regional

All chartered Haj flights cancelled till May 14

May 10, 2025
LG chairs 35th University Council Meeting of SKUAST-K
Regional

Reviewed security in border districts: LG Sinha as Pak shelling continues

May 10, 2025
Foreign Secy rebuffs Pak’s claim of India firing missiles toward Afghanistan
Regional

Foreign Secy rebuffs Pak’s claim of India firing missiles toward Afghanistan

May 10, 2025
CM Omar visits residence of ADC Thapa, says Govt stands with his family
Regional

CM Omar visits residence of ADC Thapa, says Govt stands with his family

May 10, 2025
Next Post
Lack of accountability for Kunan-Poshpora mass rapes ‘festering injustice’: Amnesty

Assam’s Citizen Identification Can Exclude 4 Million People, Ensure Rights, Nondiscrimination for All Residents says HRW, Amnesty International

UN General Assembly to Meet on Jerusalem Status

ISIL attack on Al Sweida, Syria leaves 200 dead, women, children abducted, UN condemns

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *




Div Com Kashmir conducts late night site visit of ongoing SSCL projects of  Srinagar city

Div Com Kashmir conducts late night site visit of ongoing SSCL projects of  Srinagar city

April 26, 2023
Kathua case: Bank in Kerala terminates employee for posting objectionable comment

Kathua case: Bank in Kerala terminates employee for posting objectionable comment

April 14, 2018
Qadri’s remember Late Bashir Ahmad Qadri on first death anniversary

Qadri’s remember Late Bashir Ahmad Qadri on first death anniversary

June 3, 2019

About

Indian News Service (INS) is the first registered online news portal from the state of Jammu & Kashmir. Our creative team consists of like-minded and socially concerned team of media professionals who carry decades of experience in their field of profession at their back. Our core values have pillars in honesty, empathy, credibility, equality and integrity.

More

© 2022 INS News - Designed by GITS.

No Result
View All Result
  • Home
  • News
    • Regional
    • Srinagar
    • Jammu
    • National
    • World
  • Business & Economy
  • Multimedia
    • Photo Gallery
    • Video Gallery
  • Health
  • Jobs & Careers
  • Press Releases
  • Blog

© 2022 INS News - Designed by GITS.