IN THE HIGH COURT OF JUDICATURE AT MADRAS

RESERVED ON : 11.08.2021

PRONOUNCED ON : 27.08.2021

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN

W.P.NO.8020 OF 2021

AND

W.M.P.NO.8569 OF 2021

R.Subashini

.. Petitioner

..Vs..

1.The Inspector General of Registration

Santhome High Road,

Chennai – 28.

2.The District Registrar,

Admin, Tindivanam.

3.The Joint Sub-Registrar No.1

Tindivanam.

4.M.Pasupathi

5.P.Maheswari

.. Respondents

PRAYER : Petition filed Under Article 226 of the Constitution of

India praying to issue a Writ of Certiorarified Mandamus,

calling for the records relating to Adoption Cancellation Deed

dated 28.04.2004 registered as Document No.25 in Book No.IV of

the year 2004 on the file of the 3^rd respondent and quash the

same and consequently remove all the entries relating to the

cancellation of adoption from the Books of the Registration

Department in the office of the 3^rd respondent.

For Petitioner : Mr.N.Suresh

For RR1 to R3

: Mr.K.M.D.Muhilan

Government Advocate.

For R4 & R5

: Mr.T.R.Rajaraman

https://hcservices.ecourts.gov.in/hcservices/

ORDER

This Writ Petition has been filed in the nature of

Certiorarified Mandamus to call for the records relating to the

Adoption Cancellation Deed dated 28.04.2004 registered as

Document No.25 in Book No.IV of the year 2004 on the file of the

3^rd respondent / the Joint Sub-Registrar No.1, Tindivanam and

quash the same and remove all entries relating to the

cancellation of adoption.

2.In the affidavit filed in support of the writ petition it

had been stated that the petitioner was born to the 4^th and 5^th

respondents on 28.05.1984. When she was 13 years, she was given

in adoption on 06.10.1997. A religious ceremony relating to

adoption took place and the adoption was also registered by a

Document dated 06.10.1997 in the office of the Joint Sub-

Registrar, Tindivanam. The petitioner herein had thus become the

child of her adoptive father and mother. She did her schooling

from the house of her adopted parents. Her adoptive father died

on 25.12.2004. She obtained legal heirship certificate in which

she and her adoptive mother were shown as legal representatives.

She and her adoptive mother also entered into a registered

Partition Deed dated 26.12.2016. She was described as a legally

adopted daughter. Her adoptive mother died on 26.04.2019. She

again obtained a legal heirship certificate on 30.07.2019.

3.She then stated that she married on 24.05.2004. She

stated that at that point of time there were some differences of

opinion with respect to the said marriage between herself on the

one hand and her biological parents and adoptive parents on the

other hand. She however claimed that subsequently, during the

time when she conceived and gave birth to a child her adoptive

mother was beside her.

4.She then found out that a cancellation of adoption deed

had been executed on 28.04.2004 and in the said deed it had been

stated that the biological and adoptive parents did not approve

of her choice of her husband and had decided to cancel the

adoption. That deed of cancellation was registered as

Doc.No.25/2004, on 28.04.2004 by the 3^rd respondent, Joint Sub-

Registrar No.1, Tindivanam. Seeking interference with such deed

which according to the petitioner was perse illegal and nonest

the present writ petition has been filed.

5.Heard arguments advanced by Mr.N.Suresh, learned counsel

for the petitioner and Mr.K.M.D.Muhilan, learned counsel for the

1^st, 2^nd and 3^rd respondents and Mr.T.R.Rajaraman, learned counsel

for the 4^th and 5^th respondents / Biological Parents.

https://hcservices.ecourts.gov.in/hcservices/

6.Section 5(1) of the Hindu Adoption and Maintenance Act,

1956, is as follows:

“5. Adoptions to be regulated by this Chapter-

(1) No adoption shall be made after the

commencement of this Act by or to a Hindu except

in