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IN THE HIGH COURT OF MADRAS
P.T. Asha, J.
In Re : Viveknarendran and Ors. – Appellants
C.S. No. 103 of 2020
Decided On : 20-07-2020
Hindu Adoption and Maintenance Act, 1956 - Registration of Births and Deaths Act, 1969 - Sections 15 and 30 - Adoption - Biological/natural parents of minor - Rights of succession and inheritance - Petitioners are adopted father and biological/natural mother of minor V seeking direction from this Court that 1st petitioner be appointed as a father of minor female child and consequently minor child be entitled to legal status of biological daughter with all rights of succession and inheritance in respect of adopted father and to direct the Authorities to re-issue/modify birth certificate of minor - Petitioners have come to Court contending that 2nd petitioner was originally married to one V. Venkatesh and out of this wedlock minor child has been born to them - Thereafter biological/natural father of minor died on account of a heart attack - Held, Unfortunately, law on this issue has not evolved in India and hence, we have to look up only to International Conventions and manner in which Courts in other countries deal with such situations - In instant case, biological father is no more and therefore it cannot be said that he severed his ties with his daughter, minor - Biological/natural mother, namely, 2nd petitioner has given her consent for 1st petitioner stepping into the shoes of the father by filing this petition - This Court directs Authorities to issue petitioners with a birth certificate as contained in Form 1-A of Rules by effecting entries in column Nos. 6, 7, 8, 9 and 10 - In all other respects the original birth certificate issued to minor at time of her birth shall remain unaltered - Original Petition is allowed part.
ORDER :
P.T. Asha, J.
1. The petitioners are the adopted father and the biological/natural mother of the minor V. Sahanaa seeking direction from this Court that the 1st petitioner be appointed as a father of the minor female child, V. Sahanaa and consequently the minor child be entitled to legal status of biological daughter with all the rights of succession and inheritance in respect of the adopted father and to direct the Authorities to re-issue/modify the birth certificate of the minor V. Sahanaa.
2. The petitioners have come to the Court contending that the 2nd petitioner was originally married to one V. Venkatesh and out of this wedlock the minor child has been born to them on 22.04.2011. Thereafter on 15.05.2017, the biological/natural father of the minor died on account of a heart attack. The mother of the minor has been taking care of her all by herself since then.
3. On 02.12.2018, the 2nd petitioner had married the 1st petitioner and is leading a happy life. The minor child is also a part of this family and she has recognized and accepted the 1st petitioner as her father. The 1st petitioner has therefore come forward to adopt the minor child and the 2nd petitioner, the mother of the minor is also desirous that the 1st petitioner is legally recognised as the father of the minor child. The petitioners have also clarified that there is no guardian to person and property of the minor appointed by the Court and therefore there is no impediment for the 1st petitioner adopting the minor.
4. The petitioners have also stated that the conditions prescribed under the Adoption Regulations and the Juvenile Justice Act have fully been complied with while filing this petition. The petitioners would contend that the adoption is in the paramount interest of the minor Sahanaa. They have also stated that the 2nd petitioner is none else than the biological/natural mother of the minor who is also living with the 1st petitioner and the minor as one happy family. Therefore the petition has come to be filed.
5. The learned counsel for the petitioners, Mrs. Jayasudha Sooryanarayanan, would apart from reiterating the contentions put forward in the petition also state that the 1st petitioner has adduced evidence as P.W.1 and he has produced evidence to show that he is educated and possessed of the necessary wherewithal to take care of the minor female child as his own and he has also produced his original consent expressing his willingness to adopt the minor child from his wife. The following documents have been marked during evidence of P.W.1:
| Sl.No. |
| Description of Documents |
| 1. | Ex.P.1. | The photocopy of the Higher Secondary Course Certificate dated 18.05.2005 in respect of the 1st petitioner. |
| 2. | Ex.P.2. | The computer generated birth certificate of the minor V.Sahanaa, who was born on 22.04.2011. |
| 3. | Ex.P.3. | The computer generated death certificate of V.Venkatesh, who died on 15.05.2017. |
| 4. | Ex.P.4 | The photocopy of the true extract of Hindu Marriage Register for the marriage in Serial No. HMR/MYLAPORE/416/2019. |
| 5. | Ex.P.5 | The photocopy of the PAN card of the 1st petitioner Vivek Narendran bearing No. AHFPV5183P. |
| 6. | Ex.P.6 | The declaration of willing ness given by the 1st petitioner Vivek Narendran |
| 7. | Ex.P.7 | The consent affidavit given by the 2nd petitioner N. Srividya. |
| 8. | Ex.P.8 | The computer generated pay slip for the month of October 2019 in respect of the 1st petitioner Vivek Narendran. |
| 9. | Ex.P.9 | The photocopy of the passport bearing No. K2222827 in respect of the 1st petitioner Vivek Narendran |
| 10. | Ex.P.10 | The photocopy of the minor Child V. Sahanaa along with Compact Disc. |
| 11. | Ex.P.11 | The original consent form along with covering letter. |
6. The 2nd petitioner has also adduced evidence as P.W.2 stating that she h
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