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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.VIJAYAKUMAR
D. Veeraiah – Appellant
Versus
District Collector, Thanjavur District – Respondent
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 of both girl children namely Chandrasekar and Amuthavalli had given the said girl children in adoption to the present writ petitioner namely Veeraiah and his wife Manimegalai by conducting an adoption function. An invitation was printed and a function was conducted in the presence of the relatives. The paternal uncle and aunt have given these two girl children in adoption to the petitioner and his wife. The petitioner is none other than the brot
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....
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 court affirmed that a valid Adoption Deed creates a presumption of compliance with adoption laws, necessitating the respondent-Board to consider applications for changing recorded parentage.
The court affirmed the necessity to update a birth certificate post-adoption to reflect the legal name, emphasizing the authority's power to correct such records under the Registration of Births and ....
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