Allowed

Holy Apostles Convent v. No Respondent

Madras HC20 Aug 2019OP/620/2019

Case brief

AI extract

What is this about?

Original Petition under Section 56(1) of the Juvenile Justice Act, 2015 seeking declaration of petitioners as parents of minor Ashwath. Court examined evidence including adoption committee reports. Application allowed declaring petitioners 2 and 3 as parents. Directed Birth Certificate issuance within five days.

What did the court decide?

Declaration that petitioners 2 and 3 are parents of minor Ashwath; direction to issue Birth Certificate within five days.

Holy Apostles Convent Vs No Respondent — Child Custody and Guardianship | Madras HC (2019)

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O.P.No.620 of 2019

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R.SUBRAMANIAN,J.

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This Original Petition has been filed under Section 56(1) of the Juvenile Justice (Care and Protection of Children) Act, 2015 seeking a declaration that the petitioners be declared as parents of the minor

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Ashwath.

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The Secretary of the 1^st petitioner has been examined as PW1. She

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has produced the following documents:

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➢ Ex.P1 is the Home Study Report

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➢ Ex.P2 is the Child Study and Medical Reports

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➢ Ex.P3 is the Certificate of Child Welfare Committee, Chengalpattu, dated 09.07.2019

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➢ Ex.P5 is the Decision of Adoption Committee dated 27.07.2019

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➢ Ex.P7 is the Pre Adoption Foster care undertaking, dated 30.07.2019

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➢ She has also filed a proof affidavit, setting out the circumstances under which the minor was handed over to the Child Welfare Committee, Villupuram and the registration of the child in Child Adoption Resource Information and Guidance System.

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http://www.judis.nic.in

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The 2^nd petitioner has been examined as P.W.2. He had produced the marriage certificate in respect of 2^nd and 3^rd petitioners as Ex.P10 and School Certificate as Ex.P9 to prove their age. Health Certificates and the Salary Certificates have been produced as Exs.P11 and P12 respectively. In his proof affidavit, P.W.2 has deposed that he is willing to take the child for adoption and he has the ability to bring up the child with all the rights,

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privileges and responsibilities that are attached to a biological child.

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Considering the evidence recorded, I am of the opinion that the

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interest of the minor would be protected in the hands of the petitioners 2 and 3. Hence, this application is allowed declaring the petitioners 2 and 3

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as parents of the minor child Ashwath. The Birth Certificate Issuing Authority, Cantonment Board, St.Thomas Mount cum Pallavaram, Chennai-

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16 is hereby directed to issue birth certificate for the said minor child Ashwath within five working days from the date of the application, as

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provided in Regulation 36 of the Adoption Regulations of CARA.

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vum

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Note:Issue order copy on 28.08.2019

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http://www.judis.nic.in

R.SUBRAMANIAN,J.

vum

O.P.No.620 of 2019

20.08.2019

http://www.judis.nic.in

Holy Apostles Convent v. No Respondent

Case brief

What is this about?

What did the court decide?

Holy Apostles Convent v. No Respondent

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

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Case details

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