← Library
Madras High CourtOP/283/2019allowed

Varshini Illam Trust v. No Respondent

2019-04-26Honourable Mr Justice R. Subramanian3 pages

O.P.No.283 of 2019 R.SUBRAMANIAN, J., This Petition has been filed under Section 56(1) of the Juvenile Justice(Care & Protection of Children) 2015 (2 of 2016) Read with Regulations 12(2) Read with Clause 17 of the Letters Patent. 2.The minor born on 27.06.2018 was abandoned and found on 10.07.2018 by the Child-line and was handed over to the first petitioner institution by the Child Welfare Committee, Kancheepuram. The child was declared free for adoption by the said Committe on 21.01.2019.

3.The second and third petitioners, who are Indian Citizens got married on 05.05.2011. They do not have biological child and they had expressed their willingness to adopt the child. The second petitioner has been examined as P.W.1. He has produced the order of the Child Welfare Committee as Ex.P.5. The Income Tax returns of the 2nd and 3rd petitioners for the financial year 20182019 has been marked as Ex.P.12. The Aadhar Cards of petitioners 2 and 3 have been marked as Ex.P13. The petitioners have also filed a affidavit declaring their willingness to adopt the child. The Pre-Adoption Foster Care Undertaking has been marked as Ex.P.17.

4.From the above evidence, I am satisfied that petitioners 2 and 3 are entitled to adopt the child. Hence, the Original Petition is allowed, declaring the petitioner 2 and 3 as the parents of the minor child for all purposes and with the legal status of biological child, with all rights of succession and inheritance. The Birth Certificate Issuing Authority is directed to issue Birth Certificate to the Child Mahalaksmi as per the provisions of Sub-regulations(5) of the regulations 18 and regulation 36 of CARA Regulations.

26.04.2019 tsg

R.SUBRAMANIAN.J., tsg O.P.No.283 of 2019 26.04.2019