S.Julie v. Thomas Babu

N.SATHISH KUMAR, J.

This petition has been filed under Section 56 (2) of Juvenile Justice (Care & Protection of Children) Act, 2015 (2 of 2016) read with Regulations 51 & 55 of the Adoption Regulations.

2. The petitioners are the maternal aunt and uncle of the minor child. The minor child was born to the biological parents on 27.10.2012. The mother of the child died on 15.04.2021 and it is the contention that the father of child deserted the minor child even before the demise of his mother. Hence, the petitioners are desirous in adopting the minor child. The petitioners have obtained permission from the Child Welfare committee for the purpose as per the Adoption Regulations. The conditions laid down under Juvenile Justice (Care and Protection of Children) Act, 2015 have been complied with in the case of proposed adoption. The child ordinarily resides within the jurisdiction of this Court. There is no litigation for the custody of child in any Court of law with the Country or Overseas. No application for the adoption of the child has been filed in any other Court of 1/4

law with the Country or Overseas.

3. The second petitioner examined himself as P.W.1 and marked Exs.P.1 to P.12. Ex.P.9 is the original birth certificate of Minor T.Roshan. Ex.P.10 is the original home study report given by the District Child Protection Officer dated 11.04.2022. Ex.P.11 is the permission given by the Child Welfare Committee dated 12.04.2022. Ex.P.12 is the declaration of the petitioner's willingness to accept the office of the parent of the minor child.

4. Considering the averments made in the petition and the documents filed by the petitioners, I am satisfied that it will be most beneficial to the minor child, if the petitioners are appointed as the adoptive parents.

5. Accordingly, this original petition is ordered as prayed for, subject to following conditions:

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(i) The petitioners 1 and 2 are hereby appointed as natural guardians/parents of the minor male child T.Roshan, whose date of birth is 27.10.2012, and they are hereby declared as the adoptive parents for the person of the said minor child with the legal status of a biological child with all the rights of succession and inheritance. (ii) The Birth Certificate Issuing Authority-Sub-Registar, Aynavaram is directed to issue Birth Certificate for the said minor child, within five working days from the date of application thereof, as per the provisions of sub-regulation (5) of Regulation 18 and Regulation 36 of the CARA Regulations.

18.10.2023 dhk N.SATHISH KUMAR, J.

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