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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.DHANDAPANI
A.Kannan – Appellant
Versus
Union Territory of Puducherry Rep. By its Chief Secretary Secretariat, Puducherry – Respondent
| Table of Content |
|---|
| 1. petition for birth certificate after adoption (Para 1 , 2 , 4 , 5 , 6) |
| 2. arguments about adoption legality and governing laws (Para 7 , 9 , 10 , 12 , 13) |
| 3. court's interpretation on law applicability and child welfare (Para 15 , 16 , 18 , 20 , 29) |
| 4. applicability of ham act vs. juvenile justice act (Para 30 , 31) |
| 5. final verdict directing issuance of birth certificate (Para 36 , 37) |
ORDER :
Aggrieved by the impugned order in and by which the 3rd respondent rejected the plea of the petitioner to record his name and that of his wife K.Sheela as the father and mother of the child Saatvika, who was taken on adoption from Vijayalakshmi, the present writ petition has been filed.
2. It is the case of the petitioner that he married one K.Sheela on 27.1.2006 as per Hindu Rights and Customs and they have been living as husband and wife ever since. However, out of the matrimonial wedlock, as they were not blessed with a child, they decided to adopt a child and upon coming to know that one Vijayalakshmi had delivered a child on 26.4.2022 at Cluny Hospital, Puducherry and that the said Vijayalakshmi was in absolute penury and expressed her inability to take care of the child, th
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 ....
(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....
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.
The biological father's consent is not required for the adoption of a child born from sexual assault when the mother is a minor, prioritizing the child's welfare and the mother's status as the natura....
Scope of Juvenile Justice Act, and inapplicability of the same to the adoptions made under the HAMA Act were noticed and elaborately dealt by a Division Bench of Kerala High Court and the Punjab and ....
The court ruled that adoption should be allowed despite the parents' ineligibility under Regulation 5(8) due to the child's best interest and established emotional ties.
The main legal point established in the judgment is the validity and legality of adoptions claimed under the Hindu Adoption and Maintenance Act, 1956, and the inapplicability of the Juvenile Justice ....
The court emphasized the importance of considering and applying the relevant legal provisions, such as those in the Juvenile Justice Act and Adoption Regulation, in transnational adoption cases.
Guardians and Wards - Child in need of care and protection – Rights of children - Rights of children are protected and that broad and purposeful interpretation is given to the definition “child in ne....
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