Shailja Tirkey & Anr vs Union Of India & Ors
2024 Latest Caselaw 9030 Jhar

Jharkhand High Court

Shailja Tirkey & Anr vs Union Of India & Ors on 6 September, 2024

Author: Rajesh Kumar

Bench: Rajesh Kumar

               IN THE HIGH COURT OF JHARKHAND AT RANCHI
                             (Civil Writ Jurisdiction)
                             W.P. (C) No.4637 of 2018
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Shailja Tirkey & Anr. .... .... Petitioner(s) Versus Union of India & Ors. .... .... Respondent(s)

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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

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For the Petitioner(s) : Mr. Prem Mardi, Adv. For the Respondent(s) : Mr. Rajiv Ranjan, A.G. Mr. Amitesh Kr. Geasen, Adv.

: Mr. Jitendra Tripathi, C.G.C. : Mr. Ram Subhag Singh, Adv.

: Mr. Anuj Kr. Trivedi, Adv.

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th 25/Dated: 06 September, 2024

1. In pursuance of the last order dated 14.08.2024, the foster parents are present in whose custody the child was given by the Child Welfare Committee (CWC).

2. The learned Advocate General has assisted this Court and has referred two judgments reported in 1999 SCC OnLine Kerala 5 and 2021 SCC OnLine Kerala 1709. The above judgments are to the effect that unmarried mother has to be treated as a single guardian and she is capable of giving her child for adoption.

3. Further, it has been resolved in the above judgment (i.e. 1999 SCC OnLine Kerala 5) that if the child is surrendered to the Church, it can be given for adoption if he/she is baptised in the Christianity and in the present case both the parties are Christian.

4. In view of the above, the biological mother and the foster parents are directed to appear in person before this Court on 04.10.2024.

5. Put up this case on 04.10.2024 "in Chamber".

6. This Court is grateful to the assistance given by the learned Advocate General in resolving the issue.

(Rajesh Kumar, J.)

Amar/-

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