O.P.No.407 of 2022

O.P.No.407 of 2022

C.V.KARTHIKEYAN,J.,

This Original Petition has been filed under Section 56(1) of the

Juvenile Justice (Care and Protection of Children) Act, 2016 and Clause 17

of the Letters Patent, seeking a declaration that the 2^nd and 3^rd petitioners

G.Manikandan and his wife Mrs.M.Varathalakshmi may be declared to be

the adopted parents of the child, Sai Sabari, who was originally called

Iniyan. He was born on 14.02.2022.

2. He had been declared as free for adoption child, by the Child

Welfare Committee at Thiruvallur, by an order dated 16.06.2022.

3. After following necessary procedure, the parents had also

appeared before the learned Master and evidence was recorded.

4. However, this Court required further clarification and directed the

matter to be listed again before the learned Master to observe the bondage

of the child with the adoptive parents.

1/4

https://www.mhc.tn.gov.in/judis

O.P.No.407 of 2022

5. The parents and the child had appeared before the learned Master

on 01.11.2022, wherein, the learned Master had noted the following

observation.

“The child was in the arms of the mother. The child

was playing and shouting with her mother and father.

The child was very active and really engaged himself

and very much comfort with the parents.”

6. In the evidence tendered, Sr.L.Malar, Social Worker of the 1^st

petitioner had examined herself as P.W.1 and she marked Ex.P1 which was

the Home Study Report and Ex.P2, the Child Study Report and Ex.P3, the

Medical Report. She also produced the order of the Child Welfare

Committee as Ex.P4. The decision of the Adoption Committee was marked

as Ex.P6. The affidavit of the Chief Functionary of Specialization Adoption

Agency was marked as Ex.P7 and the Pre-adoption Foster document was

marked as Ex.P8. The photograph of the minor child was marked as Ex.P5.

The learned Master had made necessary endorsement in the photograph of

the child.

2/4

https://www.mhc.tn.gov.in/judis

O.P.No.407 of 2022

7. The 2^nd petitioner examined himself as P.W.2. He also marked his

and the 3^rd petitioner's School Leaving Certificates as Exs.P10 and P11 and

the Marriage Certificate as Ex.P12. The recommendation letters were

marked as Ex.P17 and P18. The consent and willingness were marked as

Ex.P12.

8. In view of the evidence produced and particularly also because of

the noting and observation of the learned Master, the petition stands

allowed.

03.11.2022

ssi

Note: Issue Order Copy on 10.11.2022.

3/4

https://www.mhc.tn.gov.in/judis

O.P.No.407 of 2022

C.V.KARTHIKEYAN,J.,

ssi

O.P.No.407 of 2022

03.11.2022

4/4

https://www.mhc.tn.gov.in/judis