Madras High Court
C.Duraisamy vs Unknown on 27 October, 2022
O.S.A.No.202 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.10.2022
CORAM
The Hon'ble Mr. Justice PARESH UPADHYAY
and
The Hon'ble Mr. Justice D.BHARATHA CHAKRAVARTHY
O.S.A.No.202 of 2022
1.C.Duraisamy
2.D.Hemalatha .. Appellants / Petitioners
Appeal filed under Order XXXVI Rule 1 of O.S. Rules read with
Clause 15 of Letters Patent against the order dated 25.03.2022 made
in O.P.No.114 of 2022.
For Appellants : Mr.CPG.Yoganand
JUDGMENT
(Delivered by D.BHARATHA CHAKRAVARTHY.,J)
1. This appeal is directed against the order of the learned
Single Judge dated 25.03.2022 in O.P.No.114 of 2022 in and by which
the learned Single Judge dismissed the original petition filed by the
appellants / petitioners under Section 52 of the Juvenile Justice (Care
and Protection of Children) Act, 2015.
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O.S.A.No.202 of 2022
2. The first appellant is the step-father of the minor child. The
second appellant is the biological mother of the minor child. The minor
child namely D.Mirdhula was born on 27.07.2006 to the second
appellant, namely, D.Hemalatha, out of the wedlock with one J.Dinesh
who had since passed away in an accident. Thereafter, the second
appellant got married to the first appellant on 21.04.2011. They have
also got another daughter out of the wedlock. Now, the first appellant,
the second appellant and both the minor daughters are living as family
under one roof ever since their marriage. It is under these
circumstances, the first appellant being the step-father has adopted
the minor child and for the purposes of recording the said factum of
adoption and for consequential reliefs in tune with Section 52 of the
Act and Regulation 36 of the Adoption Regulations, 2017, filed this
Original Petition.
3. The learned Single Judge rejected the petition inlimini, on
the ground that in present times there are several cases arising under
the POCSO Act against the step-fathers and, therefore, such an
application can not be ordered.
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O.S.A.No.202 of 2022
4. We find that, the order of the learned Single Judge is not
passed on the facts of this particular case but on general reasoning.
We find that on the facts and circumstance of the instant case, the first
appellant being the step-father has been duly raising the minor child
along with the second appellant with all due care and affection and
there is no complaint whatsoever in the instant case. In that view of
the matter, we find that the order of the learned Single Judge is
unsustainable. Earlier, by our order dated 20.09.2022, we directed
recording of evidence before the learned Master and the matter was
posted today.
5. Accordingly, evidence was duly recorded before the Master
and the first appellant was examined as P.W.1 and exhibits P1 to P27
were marked. The second appellant was also examined as P.W.2.
6. We have perused the evidence on record and the
documents that are marked. The exhibits clearly prove the identity of
the parties, their inter-se relationship. the fact that they have been
residing at No.392, 21st Street, N.S.K. Nagar, Arumbakkam, Chennai -
600 106 under the same roof as one single family and the minor
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O.S.A.No.202 of 2022
daughter has so far been taken care by both the appellants herein. We
are also satisfied about the fact of adoption. There is no other
impediment whatsoever or any legal embargo to deny the adoption.
The application is filed by the step-father and the natural mother
jointly under Section 52 of the Act. In that view of the matter, we feel
that it is a fit case for allowing the prayer of the appellants.
7. In the result:-
(i) The O.S.A.No.202 of 2022 stands allowed.
(ii) The order of the learned Single Judge dated
25.03.2022 in O.P.No.114 of 2022 is set aside and
consequently O.P.No.114 of 2022 is allowed, on
the following terms :
(a) The first appellant is declared as the father
of the minor child for all purposes;
(b) The concerned State Educational and other
Authorities shall alter/henceforth mention the
father's name of the minor child - D.Mirdhula as
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O.S.A.No.202 of 2022
that of the first appellant - C.Duraisamy in all the
necessary certificates and registers and other
official records;
(c) The Authorities under the Registration of Births
and Deaths Act, 1969 shall also issue a fresh /
corrected birth certificate by incorporating the
name of the first appellant/petitioner C.
Duraisamy, also as the parent of the minor child
Mirdhula, as per Regulation 36 of the Adoption
Regulations, 2017.
(P.U., J) (D.B.C., J)
27.10.2022
Index:Yes
ssm/30
To
The Sub-Assistant Registrar,
Original Side,
High Court, Madras.
https://www.mhc.tn.gov.in/judis
O.S.A.No.202 of 2022
PARESH UPADHYAY, J.
and
D.BHARATHA CHAKRAVARTHY, J.
ssm
O.S.A.No.202 of 2022
27.10.2022
https://www.mhc.tn.gov.in/judis
