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Madras High CourtOP/761/2014ordered

Minor K.Mariam Jameela v.

2015-03-18Honourable Mr Justice R.Subbiah4 pages

O.P.No.761 of 2014 R.SUBBIAH, J This petition has been filed under Section 41(6) of the Juvenile Justice (Care and Protection of Children) Act 2000 (as amended by Act 33 of 2006) Order 21 Rule 10A of O.S. Rules to appoint the petitioners as adoptive parents of minor K.Mariam Jameela. 2.The case of the petitioners is that they were appointed as guardians of minor K.Mariam Jameela by order dated 15.11.2005 in O.P.No.722 of 2005 and the minor is now studying 5th standard in Rosary Matriculation Higher Secondary School, Santhome, Chennai -

4. It is stated that by oversight, the petitioners failed to apply to the Chennai Corporation for birth certificate for the minor and when they approached the Corporation, they have been advised to get an order under the Juvenile Justice Act. It is further stated that the petitioners have two biological male children and to protect and safeguard the future interest and welfare of the minor, they have filed this petition. The first petitioner is doing lamination and packaging business and earning about Rs.3,29,270/- per annum and the second petitioner is a house wife.

3. Heard the learned counsel appearing for the petitioners. 4.The first petitioner examined himself as P.W.1. In his evidence, he has reiterated what are all stated in the petition. While deposing, he marked 6 documents as Exs.P1 to P6. Ex.P1 is the certified copy of the order dated 15.11.2005 passed by this Court in O.P.No.722 of 2005. Ex.P2 is the copy of the income tax returns for the assessment year 2011-2012 in respect of the first petitioner. Ex.P3 is the original bonafide certificate dated 27.05.2013 issued by Rosary Matriculation Higher Secondary School, Chennai - 4 in respect of minor K.Mariam Jameela. Ex.P4 is the original post placement report dated Nil given by Karna Prayag Trust in respect of minor K.Mariam Jameela. Ex.P5 series are the original Medical Certificates dated 15.10.2014 in respect of the petitioners and minor K.

Mariam Jameela issued by Dr.M.Sivagurunathan. Ex.P6 is the photograph of minor K.Mariam Jameela. The second petitioner examined herself as P.W.2. 5.

adoptive child. I am satisfied that it will be most beneficial to the minor child, if the petitioners are appointed as the adoptive parents. 6.Accordingly, this Original Petition is ordered as prayed for and the petitioners are hereby appointed as adoptive parents of the minor child K.Mariam Jameela, whose photograph is duly attested and annexed hereto, as per Section 41(6) of the Juvenile Justice Act of 2000 as amended by Act 33 of 2006 and the minor child K.Mariam Jameela is entitled to the legal status of a biological child with all the rights of succession and inheritance.

18.03.2015 mmi

R.SUBBIAH, J mmi O.P.No.761 of 2014 18.03.2015