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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.VIJAYAKUMAR
D. Veeraiah – Appellant
Versus
District Collector, Thanjavur District – Respondent
| Table of Content |
|---|
| 1. facts surrounding adoption process (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. arguments regarding adoption legality (Para 7 , 8) |
| 3. children's preferences and living situation (Para 9 , 10 , 11) |
| 4. analysis of rejection reasons (Para 12 , 13 , 14) |
| 5. legal framework for adoption validity (Para 15 , 16 , 17 , 18 , 19) |
| 6. legal implications for birth certificate amendments (Para 20 , 21 , 22 , 23 , 24) |
| 7. final decision and order (Para 25 , 26) |
ORDER :
1. The present writ petition has been filed challenging the order passed by the second respondent herein wherein the request of the petitioner to incorporate his name and his wife's name as parents of two girl children namely T.Malarvizhi and T.Kumutha in the Birth Certificate has been rejected.
(A) Factual Matrix:
2. One Tamilselvan and Saraswathy are the parents of Ms.T.Malarvizhi and Ms.T.Kumutha. The father had passed away on 08.07.2015 and the mother had passed away on 03.05.2018. Thereafter, both the girl children were under the custody of their father's brother namely Chandrasekar and his wife Amuthavalli. Ms.T.Kumutha was born on 17.12.2005 and Ms.T.Malarvizhi was born on 01.04.2010.
3. On 11.07.2018, the paternal uncle and aunt o
The Court affirmed that a valid adoption under Hindu law does not require mandatory registration, and while biological parents' names cannot be deleted from birth certificates, adoptive parents' name....
The validity of an adoption deed under the Hindu Adoptions and Maintenance Act, 1956, and the applicability of circulars issued by the Government of India, Ministry of Home Affairs in changing the fa....
Registration of adoption deed is not mandatory for obtaining a birth certificate under the Hindu Adoption and Maintenance Act; the authorities cannot impose such a requirement without legal basis.
Registered adoption negates need for biological parent's consent for birth certificate amendments; presumption of adoption established by law must be respected.
The presumption of valid adoption under Section 16 of the Hindu Adoptions and Maintenance Act, 1956 applies unless disproved, and the Registrar has the power to correct birth certificate entries unde....
(1) Adoption – Concept of adoption is only to facilitate permanent care and protection of child within walls of a family.(2) Allegation of collusion cannot be basis for court to interfere with adopti....
The issuance of a birth certificate for an adopted child under Hindu law cannot be denied based on juvenile justice regulations if the adoption complies with applicable personal law, emphasizing the ....
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