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2020 Supreme(Mad) 1162

SENTHILKUMAR RAMAMOORTHY
T. P. Vasanth – Appellant
Versus
R. Lakshmi Narasimhan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : V. Raghavachari for Jayasudha Suryanarayanan
For the Respondents: A.R.L. Sundaresan, Senior Counsel for M. Arunachalam and G. Surya Narayanan

ORDER :

Senthilkumar Ramamoorthy, J.

1. This petition raises questions of considerable societal significance as to whether the consent of a natural parent to the giving of his minor child in adoption can be implied from the terms of the divorce decree between him and the natural mother of the child and whether his consent can be dispensed with in the interest of such child. The petition is filed under Section 56(2) of the Juvenile Justice (Care & Protection of Children) Act, 2016 (sic 2015) (the Juvenile Justice Act) read with the Adoption Regulations, 2017 and Clause 17 of the Letters Patent to appoint the Petitioner, Mr. T.P. Vasanth, as the parent/father of the child; for custody of the child; and for consequential directions to the Registrar of Births.

2. The Petitioner is the step father of the child, the first Respondent is the biological father of the child and the second Respondent is the biological mother of the child and the present wife of the Petitioner. The petition is contested by the first Respondent. The first Respondent was married to the second Respondent earlier and the minor female child, Ms. Saatvika, was born on 06.09.2009 to the first and second Respondents here

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