Registration Of Adoption Deed 'Futile', Has No Legal Sanctity And Does Not Give Any Right To Parties Irrespective Of Religion: Madras HC

“The registration of the adoption deed between the petitioners has also no legal sanctity under any law and it will not give any rights for the parties to the adoption. Further, the registration of the adoption deed will be a futile exercise, since it has no legal sanctity under any law. Therefore, the registration of the adoption deed does not arise before any of the registering authorities,” the court observed.

Justice GK Ilanthiraiyan thus directed the Inspector General (IG) of Registration to issue necessary circulars to all registrars asking them to refrain from registering any deed of adoption, irrespective of their religion.

“The Inspector General of Registration, Government of Tamil Nadu shall issue necessary Circular to all the Registrars restraining them from registering any deed of adoption executed by any person irrespective of their religious without following mandatory provisions of their respective enactments,” the court directed.

The court was hearing a plea seeking directions to the Sub-Registrar, Kayathur (Tuticorin District) to register the adoption deed executed by the petitioners. The first and second petitioner, who were husband and wife intended to give their third daughter in adoption to the third and fourth petitioners. The fourth petitioner was the sister of second petitioner and third petitioner was the husband of fourth petitioner. The Sub- Registrar refused to register the deed stating that there was no provision available for online registration of adoption deed among Muslims.

The petitioners submitted that though adoption was not recognized under the Muslim Personal Law, there was no bar for adoption by Muslims under Section 41 of the Juvenile Justice Act, 2000. It was also submitted that as per Section 3 of the Muslim Personal Law (Shariat) Application Act 1937, the person who wished to adopt had to declare that he intended to obtain the benefit of Section 2 of the 1937 Act.

The petitioners argued that neither the Juvenile Justice (Care and Protection) Act 2015, nor the rules framed thereunder curtailed or nullified the practice of adoption by custom or otherwise prevailing before the Act. Thus, claiming that the adoption by custom under the Mohammedan Law is valid, the petitioners contended that the registering authority could not refuse to register the deed of adoption.

The court observed that the procedure to be followed while adoption was enumerated under the JJ Act and the Adoption Regulations 2017. As per regulation 51, the prospective adoptive parents were to register themselves under the Child Adoption Resource Information and Guidance System. The regulation further stipulates that the consent of the biological parents, consent of the child (if above 5 years of age), affidavit of the prospective adoptive parents and an application was to be obtained from the adoptive parents. Further, as per Regulation 55, the adoptive parents were to approach the competent civil court and file the adoption application to secure the adoption order.

The court remarked that the above procedures were laid down to safeguard the interest of the children and to prevent misuse of children in trafficking and other illegal activities. Thus, the court underlined that a person who intended to adopt the child of a relative could not bypass the procedure mandated under law and seek registration of the adoption deed.

Thus, noting that the relief sought for by the petitioners could not be granted, the court dismissed the plea. The court however gave liberty to the parties to invoke the regulations as provided under the law.

Case Title: C Pakkir Maideen and Others v The Principal Secretary To Government and Others

Amicus Curiae: Mr. M. Ajmal Khan Senior Counsel

Counsel for the Petitioner: Mr. S. P. Maharajan Special Government Pleader,

Counsel for the Respondent: Mr. H. Arumugam

Citation: 2024 LiveLaw (Mad) 472

Case No: W.P(MD)No.18174 of 2018