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Madras High CourtOP/266/2018allowed

Minor Of Kridev v.

2018-04-18Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 18.4.2018

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR O.P.NO.266 of 2018 1 Sendil 2 Rajitha Sendil .. Petitioners This petition is is filed under Section 56(1) of the Juvenile Justice (Care & Protection of Children) 2015 read with Clause 17 of the Letters Patent for appointment of the petitioners as parents of the minor child Kridev whose date of birth is 1.11.2014 that the minor child may be entitled to the legal status of a biological child with all the rights of succession and inheritance and that the petitioners be permitted to make travel documents including passport of minor male child Kridev. For Petitioner : Mrs.Jayasudha Suryanarayanan ****

O R D E R

This petition has been filed for appointment of the petitioners as parents of the minor male child Kridev whose date of birth is 1.11.2014, originally surrendered to the Child Welfare

Committee, Chennai who in turn declared the minor legal adoption and place the minor for the protection and care of the petitioners. The petitioners are taking care and custody of the minor at the age of 3 years, seeks to appoint them as parents of the minor for all purpose.

2 The first petitioner was examined as P.W.1. Ex.P1 to P10 were marked. Ex.P1 is the original child surrender document which also contains birth certificate of the child Kridev. Ex.P2 is the original order passed by the Child Welfare Committee, Chennai dated 29.12.2017 declaring the child legally free for adoption. Ex.P3 is the original Home Study report, dated 25.1.2018 submitted by Protection Officer, District Child Protection Unit. To prove the factum of marriage between the petitioners extract of Hindu Marriage register in Sl.No.6/2014, before the Registrar office, SRO, Sembium is exhibited as Ex.P4. Ex.P5 is the Medical Certificate issued by Dr.S.Arunan shows that the first petitioner does not suffer from any disease. Ex.P6 is the proof of income of the first petitioner. Ex.

P7 series are the photocopies of passport of both the petitioners. Ex.P8 series are the photocopies of the Aadhaar cards of both the petitioners. Ex.P9 is the photograph of minor child Kridev with C.D. Ex.P10 is the declaration of willingness given by both the petitioners jointly to act as adoptive parents to the child by name Kridev.

3. From the above documents, the petitioners clearly establishes that the male child Kridev was surrendered and legally declared free for adoption by the concerned authorities and the child is also under the care and custody of the petitioners.

4. Therefore, this Court is of the view that for the better interest of child, petitioners are hereby appointed as parents of the male child Kridev for all purpose and the petitioner should be treated as biological parents of the minor child Kridev for all purpose.

Accordingly, the petition is ordered.

18.4.2018 Index : Yes/No vaan

N.SATHISH KUMAR, J.

vaan O.P.NO.266 of 2018 Dated: 18.4.2018