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2015 Supreme(Online)(Mad) 24

MADRAS HIGH COURT
, J
Arjun Neelakantan and Another v. NIL
Original Petition | Under S.41(6) of Juvenile Justice (Care & Protection of Children) Act, 2000



Advocates:
For the Appellants/Petitioners: Mr. T. Ramachandran

The court must protect children's welfare and verify adoption claims, especially when involving foreign nationals.

Headnote:Under S.41(6) of the Juvenile Justice (Care and Protection of Children) Act, 2000, applicants sought adoption of two minors. The court held that the State must be included as a party to protect the children's rights. The court emphasized the necessity of verifying genuineness of claims related to adoption, particularly when the adoptive parents reside outside India. Final orders upheld the need to ensure the wellbeing of the minors and directed the inclusion of the State as a respondent.

Table of Content
1. petitioners seek adoption status for minors. (Para 1 , 4)
2. court emphasizes mandatory involvement of the state in adoption. (Para 10 , 12 , 18)
3. verification of genuineness and protection of child rights are essential. (Para 14 , 15 , 20)
4. court directs the inclusion of the state as a party for adoption proceedings. (Para 21)

1. The Original Petition has been filed under S.41(6) of Juvenile Justice (Care & Protection of Children) Act, 2000 (As amended by Act 33 of 2006) read with Clause 17 of the Letters Patent, seeking an order :
(a) that the petitioners be appointed as the adoptive parents of the person of the minors Muthumari, born on 03.05.2009 and Ashwini born on 19.03.2013;
(b) that the minors Muthumari and Ashwini be entitled to the legal status of a biological son and daughter with all the rights of succession and inheritance;
(c) that the petitioners be permitted to take physical custody of the minors Muthumari and Ashwini for being taken outside India, outside the jurisdiction of this Court for being adopted, brought up and maintained by them in their home town at P. O. Box. 4473, Flat 2064, Building #2, La Rose De Sable, Crazy Signal, Doha, State of Qatar, UAE;
(d) that the minors may be accompanied by an escort to reach the petitioner's house at P. O. Box 4473, Flat 2064, Building #2, La Rose De Sable, Crazy Signal, Doha, State of Qatar, UAE.

2. The petitioners have stated that they are residing in the given address in Doha, State of Qatar, IAE and they are represented by power of attorney agent, Mrs. Sunitha Joe, wife of Rajesh Joe, Indian Christian, residing at No. 3/91, Mettu Colony, Manapakkam, Chennai - 125. On behalf of the petitioners, their power of attorney has filed this petition, stating that she is a social worker of the Christ Faith Home for Children and seeking adoption of the said children in favour of the petitioners.

3. Mr. T. Ramachandran, learned counsel appearing for the petitioners submitted that the petition has been filed under S.41(6) of Juvenile Justice (Care and Protection of Children) Act, 2000, (herein after referred to as the Act), seeking adoption. On a perusal of the petition, it is brought to the notice that both the petitioners are represented by their power of attorney for taking the child in adoption. However, no one is giving the children in adoption, as per the petition filed by the power of attorney of the petitioners.

4. The power of attorney of the petitioners has filed proof affidavit on behalf of the petitioners, stating that she was appointed as power of attorney by the petitioners on 16.12.2013. The specific and limited power of attorney for the adoption are marked respectively as Ex. P1 and Ex. P2. It has been contended by the learned counsel appearing for the petitioners that both the power of attorney deeds were signed before the Embassy of India, Doha, Qatar. In the evidence of PW 1 available in the form of proof affidavit, it has been stated that she is the power of attorney of the petitioners and the documents, Ex. P1 and Ex. P2 are specific power of attorney deeds appointed PW 1, which would show that PW 1 has been nominated by the petitioners, as their power of attorney for taking the children in adoption on behalf of the petitioners.

5. Ex. P3 is an attested xerox copy of the Certificate of Registration of the Christ Faith Home for Children, Chennai. Ex. P4 is the Certificate of Recognition given by the Social Welfare and Nutritious Meals Programme Department, Chennai. It shows that the certificate has been issued by the Department for three years from 31.12.2011. Ex. P5 is the Certificate of the Central Adoption Resource Authority, dated 21.03.2014. It is also an attested xerox copy of a Notary Public, stating that No objection Certificate has been issued by the concerned authority for Muthumari, male child, whose Date of Birth is 03.05.2009 and Ashwini, a female child, her Date of Birth is stated as 19.03.2013.

6. A photocopy of the extract of m





























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