Court allowed an original petition under the Juvenile Justice Act declaring prospective adoptive parents as parents of an abandoned minor and directing the Cantonment Board to issue a birth certificate under CARA Regulations.
Declaring 2nd and 3rd petitioners as parents and directing Cantonment Board to issue birth certificate within five working days.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION)
WEDNESDAY, THE 03rd DAY OF JULY 2019
THE HON'BLE MR. JUSTICE R.SUBRAMANIAN
O.P. No.450 of 2019
In the matter of the minor
Veddhiga born on 03.04.2018,
female, Indian, abandoned
1. Holy Apostles Convent,
rep. by its Secretary,
Sr.Thresiamma M.,
St.Thomas Mount,
Chennai-600 016.
2. Mr.R.Sakthivel,
S/o.P.S.Rajagopal,
3. Mrs.Jamunarani,
W/o.R.Sakthivel,
both residing at No.75,
Mathares School,
Opp. Kalliyankarayanpalayam,
Palayur, Erode-638 301. ... Petitioners
Original Petition praying that this Hon'ble Court be
pleased that:-
a) the 2nd and 3rd petitioners, who are the prospective adoptive parents may please be given the minor Veddhiga in adoption and be declared as the parents of the said minor, for all purposes allowed by the law,
b) the birth certificate issuing authority, Cantonment Board, St.Thomas Mount cum Pallavaram, Chennai-16 may be directed to issue birth certificate for the said child within five working days from the date of application, as per the provisions of Regulation 36 of the Adoption Regulations of CARA.
This original petition coming on this day before this court for hearing, the court made the following order:-
2
This application has been taken out under section 56
(1) of the Juvenile Justice (Care and Protection of Children) Act of 2015, seeking a declaration that the 2nd and 3rd petitioners are the parents of the minor child Veddhiga and a direction to the Birth Certificate Issuing Authority to issue Birth Certificate as per the provisions of Regulation 36 of the Adoption Regulations of CARA.
Child Welfare Committee, Villupuram and they have issued a Certificate declaring the child legally free for adoption.
The second petitioner who seeks permission to adopt the
child has been examined as PW2. He has produced the marriage certificate between himself and the third petitioner which has been marked as Ex.P10; The fitness certificate of parents has been marked as P11. The Salary Certificate has been produced as Ex.P12. The original recommendation letter has been marked as Ex.P13. Aadhar
Card and Pan Card have been marked as Ex.Nos.P14 and 15 respectively. Ex.P16 is the original declaration of
willingness given by petitioners 2 and 3 who are seeking adoption of the minor child Veddhiga.
that the petitioners 2 and 3 are entitled to be declared as
parents of the minor child Veddhiga and this original https://hcservices.ecourts.gov.in/hcservices/ petition is allowed as prayed for. Accordingly, the Birth
Certificate Issuing Authority viz., Cantonment Board, St.Thomas Mount cum Pallavaram, Chennai - 16, is directed to issue birth certificate for the adopted child Veddhiga within five working days from the date of application as per the provisions of Regulation 36 of the Adoption
Regulations of CARA.
Sd/-R.S.M.J
03/07/2019
//Certified to be true copy//
Dated at Madras this the day of 2019.
COURT OFFICER(O.S.)
JJ 23/07/2019
From 25th Day of September 2008 the Registry is issuing
certified copies of the Orders/Judgments/Decrees in this
format.
2 issues framed by the court
Whether the prospective adoptive parents are entitled to be declared as parents of the minor child.
Whether a direction should be issued to the Birth Certificate Issuing Authority to issue a birth certificate.
2 provisions across 2 enactments
Veddhiga
Holy Apostles Convent
Sr.Thresiamma M.
R.Sakthivel
Jamunarani
Cantonment Board, St.Thomas Mount cum Pallavaram, Chennai-16
R.Subramanian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
