SURIYADI HALIM OMAR
AL ANNAMALAI – Appellant
Versus
CHANDRASEKARAN THANGAVELU – Respondent
Suriyadi Halim Omar J:
On 5 September 1991, Joyce Kala Vandaiyar (hereinafter called "Joyce"), was born to Jamuna a/p A.S. Sockalingam and Chandrasekaran a/l Thangavelu (hereinafter referred to as "the natural parents"). This child was left in the care of the grandmother immediately after being discharged from hospital. Joyce only stayed with her for six months as in April 1992 the grandmother left for India. Quite promptly, on 1 May 1992 the natural parents brought Joyce to the house of AL Annamalai and Vasantha d/o K Sockalingam Chettiar, respectively the brother-in-law and sister of Jamuna. Jamuna requested that these two persons (hereinafter referred to as "the adopted parents") nurture and take care of Joyce. For good measure the original birth certificate was left with them. The natural mother vide a letter dated 9 April 1996 (exh. A3), conceded that the adopted parents had been Joyce's "guardian and foster parents since 1992," and supported any decision taken by them regarding Joyce's education and overall well being. The natural parents on the other hand, in their affidavit (encl. 7), denied that they had de facto given away Joyce for adoption.
It was not denied b
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