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G. R. SWAMINATHAN
Ashok Kumar – Appellant
Versus
Inspector General of Registration – Respondent
ORDER :
THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records in connection with the impugned Refusal Check Slip dated 13.01.2022 bearing refusal Number RFL/Pavvochatram/4/2022 issued by the third respondent and the impugned order dated 14.02.2022 in Na.ka.En.384/Aa1/2022 passed by the second respondent and quash the same and consequently direct the third respondent to register the adoption deed dated 12.01.2022.
“A” is a three year old male child. He was born on 28.11.2021 to “K” out of an illicit relationship. “K” was a minor when she conceived. “K” now wants to give the child in adoption. The petitioner and his wife have come forward to take “A” in adoption. Deed of adoption was executed and presented for registration. The registering authority refused registration on the ground that “K” had attained majority and remains unmarried at the time of giving adoption. Challenging the impugned refusal check slip, this writ petition has been filed.
2. The learned counsel appearing for the petitioner reiterated the contentions set out in the affidavit filed
The mother of an illegitimate child has the exclusive right to give the child in adoption without the biological father's consent if he is absent, as per the provisions of the Hindu Adoptions and Mai....
The consent of a biological father, who is a rape convict, is not required for the adoption of a child born to a minor rape victim, affirming the mother's right to give the child up for adoption.
Point of law: Section 6(i) of the Act requires that the person who wants to adopt a son or a daughter must have the capacity and also the right to take in adoption. Section 8 speaks of what is descri....
The court affirmed that for a valid adoption, the consent of the adopting father's wife and proof of the ceremony of giving and taking are mandatory under the Maintenance and Adoption Act, 1956.
Registration of an adoption-deed under the Hindu Adoptions and Maintenance Act presumes validity of the adoption, irrespective of the adopted child's age, and does not negate a claim for compassionat....
The necessity of a wife's consent for adoption under Section 7 of the Hindu Adoptions and Maintenance Act, 1956, must be established through clear evidence, either in writing or through affirmative a....
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