Sivakumar V. v. No Respondent

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.02.2019

CORAM

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN O.P.No.70 of 2019 1.Mr.V.Sivakumar 2.Mrs.Manjula ... Petitioners Prayer: Original Petition filed under Section 56(1) of the Juvenile Justice (Care and Protection of children) 2015 (2 of 2016) read with regulations 12(2) of the Adoption Regulations read with Clause 17 of the Letters Patent praying that to grant leave to the petitioner to take custody of female minor child HariPriya whose Date of Birth is 19.10.2018 for being adopted, fostered, brought up and maintained by Mr.Sivakumar and Mrs.Manjula Sivakumar.

O R D E R

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 as the adoptive parents of the minor female child namely, Haripriya, born on 19.10.2018.

2. The first petitioner V.Sivakumar aged about 37 years, has been examined as P.W.1. He has produced the original Surrender Document dated 24.10.2018 as Ex.P1, which discloses that the mother of the minor child surrendered the child to the Child Welfare Committee and she also consented for adoption of the child by the petitioners. The child was also entrusted with the petitioners on 24.10.2018 by the Child Welfare Committee, the original Temporary Foster Care Certificate is marked as Ex.P.2. The Child Welfare Committee, under Ex.P3 dated 25.10.2018, declared the child legally free for adoption. The Home Study Report relating to the petitioners would show that the petitioners are not disqualified from adopting the minor child.

3. In view of the same, this Original Petition is allowed. The petitioners are declared as the adoptive parents of the minor female child namely Haripriya with all rights to assert a legal status of a biological parents under the succession.

14.02.2019 jas/jv Speaking order/Non speaking order Internet: Yes/No

R.SUBRAMANIAN.J., jas/jv O.P.No.70 of 2019 14.02.2019