Allowed

Holy Apostles Convent v. Nil

Madras HC8 Sept 2021OP/498/2021

Case brief

AI extract

What is this about?

The Court issued an original petition order granting adoption of a minor child to prospective parents. The second and third petitioners were appointed natural guardians and declared adoptive parents with full rights. The Court directed the authority to issue a birth certificate within five days.

What did the court decide?

Petitioners appointed as natural guardians/parents; declared adoptive parents; directed to take child to country of residence with legal status of biological child; authority directed to issue Birth C

Holy Apostles Convent Vs Nil — Child Custody and Guardianship | Madras HC (2021)

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O.P.No.498 of 2021

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V.PARTHIBAN,J.

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This Original Petition is filed under Section 56(1) of the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016) read with Clause 17 of the Letters Patent, praying for the

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following reliefs:

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(a) The second and third petitioners, who are the prospective adoptive parents may please be given the minor Yasvanth in adoption and be declared as the parents of the said minor child for all purposes allowed by the law.

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(b) that 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.

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The facts as culled out from the petition filed by the petitioners, are briefly stated hereunder:

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Agency under Section 65 of the Juvenile Justice (Care and Protection of Children), 2015 by the Commissionerate of Social Defence for rehabilitating orphans, abandoned and surrendered children through adoption in accordance with the provisions of the https://www.mhc.tn.gov.in/judis/https://www.mhc.tn.gov.in/judis/ 1/7

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Juvenile Justice Act and Adoption Regulations. The said recognition is valid for five years from the date of issue.

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(b) The minor male child Yasvanth originally named as Kabilan was born on 27.08.2020 and he was declared legally free for adoption by the Child Welfare Committee, Tiruvallur, dated 05.03.2021 and the said child is registered in the Child Adoption Resource Information and Guidance System for the purpose of adoption. (c) The second petitioner and the third petitioner are the Indian citizens. They got married on 25.06.2007. The second and third petitioners do not have biological child and they wanted to adopt a child. They believe that they have much to offer a child, including their home, love and ability to financially care for a child.

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(d) The second petitioner is a business partner in Thilagaraj Textiles and his annual gross income is Rs.7,20,580/- and the third petitioner is also a business partner in Thilagaraj Textiles. The financial position of the couple is good.

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(e) Petitioners 2 and 3 stated that they registered for adoption on-line with CARA and through on-line, the child Yasvanth

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has been referred to them and they accepted to adopt the child by signing the child study and medical reports on 03.07.2021. The said child was given in Foster Care on 14.07.2020 to the second

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https://www.mhc.tn.gov.in/judis/https://www.mhc.tn.gov.in/judis/

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and third petitioners and from that day onwards, the said couple

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has been bringing up the said child as their own, bestowing the parental affection. The second and third petitioners are presently residing at No.116, Karuppanan Street, Sivakasi, Virudhunagar, Tamil Nadu - 626 123.

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(f) The prospective adoptive parents have undertaken to submit post-adoption follow up to ascertain the progress and well-

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being of the child in the adoptive family, as envisaged under

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Section 58(5) of the Juvenile Justice Act. The petitioners 2 and 3 have also undertaken to up-bring the above named minor child Yasvanth as their own child and to accord the same status/rights/privileges to the child above named at par with the natural born child.

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(g) The conditions laid down in Section 61(1) of the Juvenile Justice Act have been complied with in this adoption case.

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(h) The givers and takers have no interest directly or indirectly adverse to that of the minor child.

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(i) The above named minor child is residing within the legal jurisdiction of this Court and hence, this Court has jurisdiction to

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pass Adoption Order as per the provisions of Sections 2(23), 59(7) and 61 of the Juvenile Justice Act.

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(j) The second and third petitioners understand that the

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https://www.mhc.tn.gov.in/judis/https://www.mhc.tn.gov.in/judis/

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adopted child shall become their lawful child with all rights, privileges and responsibilities that are attached to a biological child.

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(k) The second and third petitioners have not filed any other application for adoption of the above named minor child Yaswanth

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in any other Court of Law.

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Hence the petitioners have filed the present O.P. for the reliefs stated supra.

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The first petitioner-Secretary was examined as P.W.1 and marked Exs.P-1 to P-8. Ex.P-1 is the original home study report dated 15.08.2018; Ex.P-2 is the original child study and medical reports dated 03.07.2021; Ex.P-3 is the photocopy of C.W.C. order dated 16.04.2021; Ex.P-4 is the photograph of the minor child; Ex.P-5 is the photocopy of decision of Adoption Committee dated 03.07.2021; Ex.P-6 is the original affidavit by Chief Functionary of Specialized Adoption Agency dated 05.07.2021; Ex.P-7 is the photocopy of pre-adoption foster care affidavit dated 14.07.2021; Ex.P-8 is the photocopy of certificate of registration under J.J. Act dated 18.12.2019.

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https://www.mhc.tn.gov.in/judis/https://www.mhc.tn.gov.in/judis/

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The second petitioner was examined as P.W.2 and marked Exs.P-9 to P-16. Ex.P-9 series are the photocopies of Tamil Nadu Gazette publication dated 14.12.2009 showing change of the name of the 2nd petitioner and the school certificates of the 2nd and 3rd petitioners showing our date of birth as 07.06.1980 and 04.06.1984. Ex.P10 is our original marriage certificate dated 21.06.2018. Ex.P11 series are the original health certificates dated 29.06.2021; Ex.P-12 series are our original Income Tax returns dated 25.01.2021; Ex.P13 series are the original recommendation letters dated 29.06.2021; Ex.P14 series are the photocopies of our Aadhaar cards; Ex.P15 series are the photocopies of our Pan cards; Ex.P16 is our Consent and Willingness dated 14.07.2021.

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The evidence of P.W.1 and P.W.2 and Exs.P-1 to P-16

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show that the petitioners 2 and 3 are entitled to get the relief as prayed for in this petition. Hence, the Original Petition is ordered as prayed for, subject to the following conditions:

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(i) Petitioners 2 and 3 are hereby appointed as natural guardians/parents of the minor child Yaswanth, whose date of

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birth is 27.08.2020, and they are hereby declared as the adoptive

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parents for the person of the said minor child and the petitioners 2 and 3 are permitted to take the said minor child to the country of

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https://www.mhc.tn.gov.in/judis/https://www.mhc.tn.gov.in/judis/

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their residence for up-bringing the child as their own child with the legal status of a biological child with all the rights of succession and inheritance.

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(ii) The Birth Certificate issuing Authority is directed to issue

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Birth Certificate for the said minor child, within five working days

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from the date of application thereof, as per the provisions of

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Regulation 36 of the CARA Regulations.

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08.09.2021
mrm

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V.PARTHIBAN, J.

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https://www.mhc.tn.gov.in/judis/https://www.mhc.tn.gov.in/judis/

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mrm

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O.P.No.498 of 2021
08.09.2021

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https://www.mhc.tn.gov.in/judis/https://www.mhc.tn.gov.in/judis/

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Holy Apostles Convent v. Nil

Case brief

What is this about?

What did the court decide?

Holy Apostles Convent v. Nil

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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