Kerala High Court
Xxxxxx vs State Of Kerala on 7 April, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
Thursday, the 7th day of April 2022 / 17th Chaithra, 1944
RPJJ NO. 2 OF 2021
PETITIONERS:
1. XXXXXXXXXX AGED 25 YEARS
2. XXXXXXXXXX AGED 22 YEARS
RESPONDENT:
1. STATE OF KERALA REPRESENTED BY THE SECRETARY, DIRECTORATE OF WOMEN
AND CHILD DEVELOPMENT, THIRUVANANTHAPURAM 695 001.
2. DIRECTOR GENERAL OF POLICE, POLICE HEADQUARTERS THIRUVANANTHAPURAM
695 001.
3. SUPERINTENDENT OF POLICE, POWER HOUSE JUNCTION, SUB JAIL ROAD,
PERIYAR NAGAR, ALUVA, ERNAKULAM DISTRICT 683 101.
4. THE CHAIRPERSON, CHILD WELFARE COMMITTEE, THOTTAKKATTUKARA, ALUVA,
ERNAKULAM, KERALA, 683 108.
5. DISTRICT CHILD PROTECTION OFFICER, LINE NO. 1, NEAR SIVA TEMPLE, SP
CAMP OFFICE, 683 108.
6. VALSALYAM SISUBHAVAN INSTITUTE OF SISTERS OF NAZARETH, ROCK WELL
ROAD HMT COLONY P.O., KALAMASSERY ERNAKULAM 683 503, REPRESENTED BY
CONTACT PERSON SR. JAISY.
This Rev.Petition(Juvenile Justice) coming on for orders upon
perusing the petition, this Court's final order dated 09.04.2021 and the
previous order dated 01.04.2022 and upon hearing the arguments of
SRI.RAJIT and SMT.LEKSHMI P. NAIR, Advocates for the petitioners and
of SMT.B.BINDU, Advocate for the fourth respondent and of the PUBLIC
PROSECUTOR for the first, second and third respondents , the Court passed
the following:
A.MUHAMED MUSTAQUE & SOPHY THOMAS, JJ.
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RP(JJ) No.2 of 2021
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Dated this the 7th day of April, 2022
ORDER
A.Muhamed Mustaque, J.
The learned State Attorney brought up this matter
before us. According to the learned State Attorney,
the adoptive parents as well as the State Adoption
Resource Agency and the Specialised Adoption Agency
find it difficult to process the application for birth
certificate as well as the passport and other public
documents of the adoptive child due to the order passed
by this Court. In fact, this Court on 01.04.2022 passed
the following order:
"This matter is placed before us consequent
upon the communication received by the registry
from the Member Secretary of State Adoption
Resource Agency. They find it difficult to process
the application for the passport of the adopted
children and also for applying for a birth
certificate on account of the blanket direction of
this Court to mask the name of the adoptive
parents while issuing certified copies. Taking
note of the fact that the State Adoption Resource
Agency is a public body and that it can ensure
that careful use of the certified copy to be
issued, we direct the Family Court to issue the
certified copy to the State Adoption Resource
Agency disclosing the names of the adoptive
parents. However, they shall not use the judgment
of the Family Court other than for processing the
application, for the limited purpose of applying
for a birth certificate as well as a passport."
2. Thereafter again, it was brought to the
attention of this Court by the learned State Attorney
that the above order may be extended to the benefit of
the adoptive parents as well. In fact, while disposing
of this matter, the Division Bench taking note of
Regulation 45 of the Adoption Regulations was of the
view that the purpose of masking details of adoptive
parents was to protect the confidentiality of the
adoptive parents. In view of the fact that if the
certified copy is issued to the adoptive parents
deleting address, they may find it difficult to process
the application on behalf of the adoptive child, we
direct the Family Court to issue certified copies to
the adoptive parents with their details. The Family
Court, however, will have to ensure that in no way the
details of the adoptive parents come into the public
domain, web portal, website etc. Only for the limited
purpose of enabling the adoptive parents to process
such application, the certified copy shall be issued to
the adoptive parents showing their names. It is made
clear that the Family Court shall not issue certified
copy for any other purpose other than mentioned above.
The Registrar (District Judiciary) is directed to
communicate this order to all the Family Courts in the
State.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE
Sd/-
SOPHY THOMAS, JUDGE
ln
07-04-2022 /True Copy/ Assistant Registrar
