RAZIA KHAN VS.

UOI

IN THE
HON’BLE
HIGH COURT OF DELHI

In the matter of
RAZIA KHAN
(Appellant)
v.
UOI
(Respondent)

Memorandum on Behalf of the Appellant

Counsel for the Appellant

Abhimanyu Singh Rathore

Roll No. 02
Section B
Semester 2

FAMILY LAW Page | 0

 RAZIA KHAN VS. UOI

TABLE OF CONTENTS

 LIST OF ABBREVIATIONS……………………………………………………......2

 INDEX OF AUTHORITIES…………………………………………………………3

 STATEMENT OF JURISDICTION………………………………………………...4

 STATEMENT OF FACTS…………………………………………………………...5

 ISSUES RAISED……………………………………………………………………..6

 SUMMARY OF ARGUMENTS……………………………………………………..7

 WRITTEN PLEADINGS…………………………………………………………….8

 PRAYER FOR RELIEF……………………………………………………………11

FAMILY LAW Page | 1

 RAZIA KHAN VS. UOI

LIST OF ABBREVIATIONS

& And

AIR All India Reporter

Art. Article

Edn. Edition

Hon’ble Honourable

Pg. Page Number

Sec. Section

v. Versus

www world wide web

JJ Act Juvenile Justice (Care and Protection of Children) Act,

2000

FAMILY LAW Page | 2

 RAZIA KHAN VS. UOI

INDEX OF AUTHORITIES

ACTS AND STATUTES:

 Guardianship and Wards Act, 1890

 Juvenile Justice (Care and Protection of Children) Act, 2000

CASES REFERRED:

 Shabnam Hashmi Vs. Union of India (UOI) and Ors.

 Yaqoob Laway and others V. Gulla and others

BOOKS:
 Paras Diwan, Muslim Law in Modern India, 10th edn.
 Aqil Ahmad, Mohammedan Law, 25th edn.
 M. Hidayatullah and Arshad Hidayatullah, Principles of Mahomedan Law, 19th edn.

DICTIONARIES:
 Concise Oxford Dictionary, 10th. Edn., Oxford University Press, 2002
 Garner Bryan, Black’s Law Dictionary, 7th Edn., West Group Publications, 2002.

WEBSITES:

 www.manupatrafast.com
 http://www.dailymail.co.uk/
 http://www.hrln.org/
 http://supremecourtofindia.nic.in/
 http://www.al-islam.org/
 http://judis.nic.in/
 http://www.csa.org.in/

FAMILY LAW Page | 3

 RAZIA KHAN VS. UOI

STATEMENT OF JURISDICTION

The appellant has approached this Hon’ble High Court of Delhi under the Section 96 of the
Code of Civil Procedure.

FAMILY LAW Page | 4

 RAZIA KHAN VS. UOI

STATEMENTS OF FACTS

1. Appellant Mrs. Razia Khan who was a Human rights activist took Ms. Tanaaz Raza
under her custody way back in 2007, when she was just one year old.
2. Ms. Raza had been abandoned by her biological parents at an adoption home in Delhi.
3. Thereafter, Mrs. Khan had approached the court to be legally recognised as parent of
her adopted child.
4. Court observed that there is no law under which Muslims can adopt, although, court
declared her as the guardian of Ms. Raza under the Guardianship and Wards Act, 1890.
5. The appellant aggrieved by the order has preferred an appeal against this decision of
Delhi High Court.

FAMILY LAW Page | 5

 RAZIA KHAN VS. UOI

QUESTIONS RAISED

1. Whether Razia Khan should be given legal recognition as parent of her adopted child,
Tanaaz Raza?

FAMILY LAW Page | 6

 RAZIA KHAN VS. UOI

SUMMARY OF ARGUMENTS

1. YES, RAJIA KHAN SHOULD BE GIVEN LEGAL RECOGNITION AS PARENT OF HER

ADOPTED CHILD, TANAAZ RAZA.
Under the Juvenile Justice (Care and Protection of Children) Act, 2000, any person can
adopt a child irrespective of the religion he or she follows and even if the personal laws
of the particular religion does not permit it. Hence, Mrs. Khan should be given the legal
recognition.

FAMILY LAW Page | 7

 RAZIA KHAN VS. UOI

WRITTEN PLEADINGS

ISSUE 1: WHETHER RAJIA KHAN SHOULD BE GIVEN LEGAL

RECOGNITION AS PARENT OF HER ADOPTED CHILD, TANAAZ

RAZA?

1(A): Adoption by Razia Khan is legally valid

The Juvenile Justice Act, 2000 defines adoption in Section 2(aa) as “the process through
which the adopted child is permanently separated from his biological parents and become the
legitimate child of his adoptive parents with all the rights, privileges and responsibilities that
are attached to the relationship”. It confers upon the adoptive parents and the child all rights,
privileges and responsibilities that are attached to a normal parent-child relationship.

The child Tanaaz Raza was abandoned by his parents when she was just one year old. So, Mrs.
Khan by adopting and rehabilitating her since then.
Sec. 41 (2) of the JJ Act, 2000 also states that “Adoption shall be resorted to for the
rehabilitation of the children who are orphan, abandoned or surrendered through such
mechanism as may be prescribed.”
Hence, adoption by Mrs. Khan can be stated as valid and in accordance with the JJ Act, 2000.
Sec. 41 (6)(a) also states that “The Court may allow a child to be given in adoption to a person
irrespective of marital status”
So, Mrs. Khan should be given the legal recognition as parent of Ms. Tanaaz Raza and just
because she is a Muslim she shouldn’t be denied the recognition.

In a landmark case of Shabnam Hashmi Vs. Union of India (UOI) and Ors.1 also, Supreme
Court ruled that any person can adopt a child under the Juvenile Justice (Care and Protection
of Children) Act 2000 irrespective of the religion he or she follows and even if the personal
laws of the particular religion does not permit it.
The Court held that the JJ Act was a secular law which gave prospective parents the option to
adopt a child. "A Muslim was always free to exercise his option either to adhere to the personal

1
AIR 2014 SC 1281

FAMILY LAW Page | 8

 RAZIA KHAN VS. UOI

law prohibition against adoption or choose JJ Act route to take a child into his/her family," the
bench said, adding "To us, the Act is a small step in reaching the goal enshrined by Article 44
of the Constitution."

Article 44 of the Constitution says, "The State shall endeavour to secure for the citizens a
Uniform Civil Code throughout the territory of India." The bench said, "The vision
contemplated in Article 44 of the Constitution, that is a Uniform Civil Code, is a goal yet to be
fully reached."

The Hon’ble Court also stated that adoption was a matter of personal choice and there was no
compulsion on any person to adopt or adopt child.

Court finally held that, prospective parents, irrespective of their religious background would
be free to access the provisions of the Juvenile Justice Act – a secular act, for adoption of
children after following the procedure prescribed.

Thus, Mrs. Razia Khan should also be given the legal recognition as parent of her adopted
child, Ms. Tanaaz Raza keeping in mind the provisions of JJ Act, 2000 and the landmark
decision of Hon’ble Supreme Court.

1(B): Adoption valid as per Quran and Customs

The traditions teach that the Prophet Mohammed adopted a freed slave by the name of Zayd
b. Haritha prior to the advent of Islam.2 Zayd reportedly chose to stay with the prophet rather
than returning to his father who had come to claim him after Zayd was freed. The Prophet’s
offer to “adopt” (tabanna) Zayd was accepted by Zayd. As was customary at the time, a
declaration of the adoption was publicized and Zayd b. Haritha became known as Zayd b.
Mohammed.3

Since, even in The Holy Quran also it is mentioned that Prophet Mohammed Himself had
adopted a child, therefore adoption of a child should be considered valid in Muslim Law.

2
Muhammad B. Ahmad Al-Qurtubi, Al-Jami Li-Ahmkam Al-Qur’ān 118-19 (1967).
3
The Holy Quran (S.8, A.72)

FAMILY LAW Page | 9

 RAZIA KHAN VS. UOI

In the Kashmir Valley, some Muslim families, used to adopt Children, especially if they do not
have their own natural born Children, A case to this effect has been reported as Yaqoob Laway
and others V. Gulla and others4. Adoption amongst Muslims in the Kashmir Valley seems to
be in vogue as is indicated by the term, Pisarparwardhah (Which literally means, adopted son).

Henceforth, Razia Khan’s adoption is valid and she should be given the legal recognition as
parent of Tanaaz Raza.

4
AIR 2005 Noc 341 (J&K)

FAMILY LAW Page | 10

 RAZIA KHAN VS. UOI

PRAYER FOR RELIEF

Wherefore, in the light of the facts stated, issues raised, arguments advanced and authorities
cited, it is humbly prayed before the Hon’ble High Court of Delhi that it may be pleased to
adjudge and declare that:

1. To adjudge the case in favour of Razia Khan.

2. To give legal recognition to Razia Khan as the parent of Tanaaz Raza.

And/ Or pass any order/ judgement which the Court may deem fit in light of justice.

All of which is most humbly submitted.

Date: 7th April, 2015 COUNSEL ON BEHALF OF APPELLANT

ABHIMANYU SINGH RATHORE

FAMILY LAW Page | 11