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2020 Supreme(Ker) 9

K.HARILAL, C.S.DIAS
Sivarama K. – Appellant
Versus
State Of Kerala, Represented By Its Secretary To Government, Home Department – Respondent


Advocates Appeared:
For the Petitioner: Sri.T.Madhu, Advs., Smt.C.R.Saradamani
For the Respondent: Sri.K.B.Ramanand, Government Pleader

JUDGMENT :

C.S. DIAS, J.

This writ petition is filed seeking a writ of Habeas Corpus to direct the respondents 4 to 6 to produce a child named 'Thanmayi' born on 11.7.2019, said to be in the illegal detention of the respondents 4 to 6.

2. The thumb nail sketch of the facts in the writ petition is that the petitioners 3 and 4 are the biological parents of the child 'Thanmayi'. The petitioners 3 and 4 (in short 'biological parents'), by Ext P-1, registered adoption deed dated 5.8.2019 of the Malavalli Sub-Registry Office, Mandya, Karnataka, placed the child 'Thanmayi' (in short 'child') in adoption to the petitioners 1 and 2 (adoptive parents). The adoptive parents, though married for many years, are issueless. As the petitioners are all Hindus by religion, they are governed by the provisions of the Hindu Adoption and Maintenance Act, 1956 (for brevity, referred to as 'HAM Act'). The biological parents and the adoptive parents on their own free will and volition decided to give and take the child in adoption. Accordingly, Ext P-1 adoption deed was executed and registered, and the child was handed over by the biological parents to the adoptive parents. Since 5.8.2019, the child was in th

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