Holy Apostles Convent v. No Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION) WEDNESDAY, THE 03rd DAY OF JULY 2019 THE HON'BLE MR. JUSTICE R.SUBRAMANIAN O.P. No.450 of 2019 In the matter of the minor Veddhiga born on 03.04.2018, female, Indian, abandoned
1. Holy Apostles Convent, rep. by its Secretary, Sr.Thresiamma M., St.Thomas Mount, Chennai-600 016.
2. Mr.R.Sakthivel, S/o.P.S.Rajagopal,
3. Mrs.Jamunarani, W/o.R.Sakthivel, both residing at No.75, Mathares School, Opp. Kalliyankarayanpalayam, Palayur, Erode-638 301.
... Petitioners Original Petition praying that this Hon'ble Court be pleased that:- a) the 2nd and 3rd petitioners, who are the prospective adoptive parents may please be given the minor Veddhiga in adoption and be declared as the parents of the said minor, for all purposes allowed by the law, b) 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.
This original petition coming on this day before this court for hearing, the court made the following order:-
This application has been taken out under section 56
(1) of the Juvenile Justice (Care and Protection of Children) Act of 2015, seeking a declaration that the 2nd and 3rd petitioners are the parents of the minor child Veddhiga and a direction to the Birth Certificate Issuing Authority to issue Birth Certificate as per the provisions of Regulation 36 of the Adoption Regulations of CARA.
2. The female child in question was in custody in the Child Welfare Committee, Villupuram and they have issued a Certificate declaring the child legally free for adoption. The second petitioner who seeks permission to adopt the child has been examined as PW2. He has produced the marriage certificate between himself and the third petitioner which has been marked as Ex.P10; The fitness certificate of parents has been marked as P11. The Salary Certificate has been produced as Ex.P12. The original recommendation letter has been marked as Ex.P13. Aadhar Card and Pan Card have been marked as Ex.Nos.P14 and 15 respectively. Ex.P16 is the original declaration of willingness given by petitioners 2 and 3 who are seeking adoption of the minor child Veddhiga.
3. Considering the evidence on record, I am satisfied that the petitioners 2 and 3 are entitled to be declared as parents of the minor child Veddhiga and this original petition is allowed as prayed for. Accordingly, the Birth
Certificate Issuing Authority viz., Cantonment Board, St.Thomas Mount cum Pallavaram, Chennai - 16, is directed to issue birth certificate for the adopted child Veddhiga within five working days from the date of application as per the provisions of Regulation 36 of the Adoption Regulations of CARA.
Sd/-R.S.M.J 03/07/2019 //Certified to be true copy// Dated at Madras this the day of 2019. COURT OFFICER(O.S.) JJ 23/07/2019 From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.