Registration Of Adoption Deed Is Futile Exercise Since It Has No Legal Sanctity Under Any Law: Madras High Court

The Madras High Court observed that the registration of the Adoption Deed is a futile exercise, since it has no legal sanctity under any law.

The Madurai Bench observed thus in a Writ Petition seeking a direction to the Sub-Registrar to register the Adoption Deed.

A Single Bench of Justice G.K. Ilanthiraiyan held, “… the registering authorities are restrained from registering any document of marriage or divorce as it has no legal sanctity under any law. Likewise, 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.”

Advocate H. Arumugam appeared for the Petitioners while Special Government Pleader S.P. Maharjan and Senior Advocate M. Ajmal Khan (Amicus Curiae) appeared for the Respondents.

In this case, the Petitioners were the husband and wife and they gave birth to three female children. The fourth Petitioner was the sister of the second Petitioner and the third Petitioner was the husband of the fourth Petitioner. Therefore, the Petitioners 1 and 2 decided to give their third female child by adoption to the Petitioners 3 and 4. They had also agreed and accepted the adoption of the Petitioners 1 and 2's, third daughter, in the presence of their relatives.

Accordingly, they made an Adoption Deed in 2018 and presented for registration for all practical purposes of future of the adopted child. However, the Sub-Registrar refused to register the adoption deed on the ground that there is no provision available for registration of adoption deed in online registration in the case of Muslims. Being aggrieved, the Petitioners were before the High Court.

The High Court in view of the above facts, noted, “… the registration of the adoption deed does not arise before any of the registering authorities. Hence, the Judgments relied upon by the learned counsel appearing for the petitioners are not applicable to the case on hand.”

The Court said that the direction sought for by the Petitioners in the Writ Petition cannot be granted and the Writ Petition itself is devoid of merits and liable to be dismissed.

“However, the petitioners are at liberty to invoke the regulations as contemplated under the Adoption Regulations, 2017 notified in the Gazette of India Extraordinary dated 04.01.2017 pursuant to the powers contemplated under Section 68 of the J.J Act, 2015, which came into force on 16.01.2017”, it clarified.

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

Accordingly, the High Court dismissed the Writ Petition.

Cause Title- C. Pakkir Maideen & Ors. v. The Principal Secretary to Government & Ors.

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