The single judge allowed an original petition filed under Section 56(1) of the JJ Act inviting adoption by the second and third petitioners for a minor foundling, declaring them as legal parents.
Petition allowed; petitioners declared parents with legal status of biological child; Birth Certificate directed to be issued.
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O.P.No.283 of 2019
R.SUBRAMANIAN, J.,
This Petition has been filed under Section 56(1) of the Juvenile
Justice(Care & Protection of Children) 2015 (2 of 2016) Read with Regulations 12(2) Read with Clause 17 of the Letters Patent.
2.The minor born on 27.06.2018 was abandoned and found on 10.07.2018
by the Child-line and was handed over to the first petitioner institution by the Child Welfare Committee, Kancheepuram. The child was declared free for adoption by the said Committe on 21.01.2019.
3.The second and third petitioners, who are Indian Citizens got married on 05.05.2011. They do not have biological child and they had expressed their
willingness to adopt the child. The second petitioner has been examined as P.W.1. He has produced the order of the Child Welfare Committee as Ex.P.5. The Income Tax returns of the 2nd and 3rd petitioners for the financial year 20182019 has been marked as Ex.P.12. The Aadhar Cards of petitioners 2 and 3 have been marked as Ex.P13. The petitioners have also filed a affidavit declaring their willingness to adopt the child. The Pre-Adoption Foster Care Undertaking has been marked as Ex.P.17.
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4.From the above evidence, I am satisfied that petitioners 2 and 3 are
entitled to adopt the child. Hence, the Original Petition is allowed, declaring the petitioner 2 and 3 as the parents of the minor child for all purposes and with the legal status of biological child, with all rights of succession and inheritance. The Birth Certificate Issuing Authority is directed to issue Birth Certificate to the Child Mahalaksmi as per the provisions of Sub-regulations(5) of the regulations 18
and regulation 36 of CARA Regulations.
26.04.2019
tsg
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R.SUBRAMANIAN.J.,
tsg
O.P.No.283 of 2019
26.04.2019
2 issues framed by the court
Whether the second and third petitioners are entitled to adopt the minor foundling.
Whether the original petition for adoption should be allowed declaring the petitioners as parents with legal status of biological child.
3 provisions across 3 enactments
Second Petitioner
Third Petitioner
Minor Child Mahalaksmi
R.Subramanian J
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
