K.Karthick v. R.Perumal

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.11.2025

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR 1.K.Karthick 2.K.Malathi ... Petitioners vs.

1.R.Perumal 2.P.Janani ... Respondents PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, to direct the Principal District Judge at Ranipet to number the original petition in unnumbered A.D.O.P.(SR)No.679 of 2024 in CNR No.TNRP010015432024 on file and dispose of the same on merits and in accordance with law.

For Petitioners : Mr.L.Ram Kumar

O R D E R

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The Civil Revision Petition is filed challenging order passed by the Principal District Court, Ranipet, returning the original petition filed by the petitioners under Section 10 of the Hindu Adoptions and Maintenance Act, 1956.

2. The petitioners filed this original petition before the learned Principal District Court, Ranipet, seeking permission of the Court to adopt a female child namely Minor-Gopikavarthini. The petition has been filed under Section 10 of the Hindu Adoptions and Maintenance Act, 1956.

3. A perusal of Section 10 of the Hindu Adoptions and Maintenance Act, 1956 would reveal it only talks about conditions for valid adoption. There is no provision in Hindu Adoptions and Maintenance Act, 1956 enabling the Court to give permission for adoption. Any Hindu having capacity to adopt a child as per Section 7 of the Hindu Adoptions and Maintenance Act, 1956, is entitled to adopt a child subject to the conditions prescribed under the Act.

4. In case, the validity of the adoption is questioned by anybody, the 2/4

Court can only adjudicate on the validity of the adoption and granting permission to anybody for adopting the child is not contemplated under the Hindu Adoptions and Maintenance Act, 1956. Therefore, the original petition filed by the petitioners is misconceived and the same was rightly returned by the Principal District Court, Ranipet and hence, I do not find any error in the impugned order passed by the Court below. If the petitioners want any adjudication on the validity of adoption, it is for them to workout their remedy before the Regular Civil Court.

5. With this clarification, the Civil Revision Petition stands dismissed. No costs.

03.11.2025 Index : Yes / No Speaking order : Yes / No : Yes / No dm To The Principal District Judge, Ranipet.

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S.SOUNTHAR, J.

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