Allowed

G.Munawarkhan v. Azharudeen H.

Madras HC9 Jul 2019OP/443/2019

Case brief

AI extract

What is this about?

In an original petition under Section 56(2) of the Juvenile Justice Act, 2015, the court allowed the application to declare the petitioners as parents of a minor. The biological parents consented to the adoption, and the court directed the issuance of a new birth certificate.

What did the court decide?

Declared petitioners as parents of the minor child; directed issuance of new birth certificate.

G.Munawarkhan Vs Azharudeen H. — Child Custody and Guardianship | Madras HC (2019)

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O.P.No.443 of 2019

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R.SUBRAMANIAN,J.

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This Original Petition has been filed under Section 56(2) of the

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Juvenile Justice (Care and Protection of Children) Act, 2015 seeking a

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declaration that the petitioners be declared as parents of the minor A.Amal.

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The respondents are the natural parents of the said minor. The 2^nd

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petitioner prospective parent is the sister of the biological mother of the

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minor.

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The 1^st petitioner has been examined as PW1. He has produced the

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following documents:

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➢ Ex.P1 is the photocopy of the Aadhaar card of the 1^st petitioner

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bearing No.995098158643.

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➢ Ex.P2 is the photocopy of the Aadharr card of the 2^nd petitioner bearing No.854526716533.

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➢ Ex.P3 is the online Income certificate dated 19.11.2018 issued by the

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Deputy Tahsildar, Tondiarpet Taluk, Chennai in respect of the 1^st petitioner.

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➢ Ex.P4 is the compute generated birth certificate of minor child A.Amal, who was born on 10.03.2018.

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http://www.judis.nic.in

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➢ Ex.P5 is the consent affidavit given by the biological parents of the minor child stating that they have no objection in giving their child in adoption to the petitioners herein.

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➢ Ex.P6 is the Schedule XXIV adoption regulation affidavit.

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➢ Ex.P7 is the original photo of the biological parents.

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➢ Ex.P8 is the original photo of the petitioners herein.

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➢ Ex.P9 is the original photo of the minor child along with CD.

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➢ Ex.P10 is the joint declaration of willingness to accept the office of the guardianship in respect of the person and property of the minor

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child A.Amal.

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A perusal of Ex.P5, consent affidavit by the Biological parents

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shows that they have no objection for leaving the child in adoption to the

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petitioners. Ex.P3 is the Income Crtificate issued by the Deputy Tahsildar,

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Thondiarpet, Chennai for the 1^st petitioner. The same shows that the 1^st petitioner is earning about Rs.96,000/- per year.

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The 2^nd petitioner has been examined as PW2. She has filed a proof

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affidavit stating that she is willing to be declared as the parent of the minor child. The biological parents has been examined as PW3 and PW4. They have

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also deposed that they have no objection for the child being given in

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adoption.

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http://www.judis.nic.in

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Considering the evidence recorded, I am satisfied that the interest

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of the minor would be served by adoption. Hence, this application is allowed declaring the petitioners as parents of the minor child. The Certificate Issuing Authority, City Health Officer, Greater Chennai Corporation is hereby directed to issue birth certificate for the said minor child A.Amal withing five working days from the date of the application, as

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provided in Regulation 36 of the Adoption Regulations.
09.07.2019
dsa

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http://www.judis.nic.in

R.SUBRAMANIAN,J.

dsa

O.P.No.443 of 2019

09.07.2019

http://www.judis.nic.in

G.Munawarkhan v. Azharudeen H.

Case brief

What is this about?

What did the court decide?

G.Munawarkhan v. Azharudeen H.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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