AFREEN Vs. SUB REGISTRAR, OFFICE AT YELAHANK

JUDGEMENT

(1.) The petitioners are seeking a writ in the nature of Certiorari to quash the endorsement dtd. 11/11/2024 issued by Respondent No. 1 rejecting the online Application bearing No. PRP- 11112024-6359973 for the registration of the adoption deed dtd. 11/11/2024. The petitioners seek a writ in the nature of mandamus directing the respondents to consider their application for registering the Adoption Deed dtd. 11/11/2024.

(2.) Respondent No. 1 has issued the impugned endorsement, stating that the application is incomplete as the biological father of the child to be adopted is not mentioned as an executing party. The primary issue raised in this petition is whether the consent of the biological father of a child born out of rape who is also the accused in the rape case is required, in addition to the consent already provided by the minor victim mother and her guardian, for the purpose of giving the child up for adoption.

(3.) Petitioner No. 1 is a Muslim minor and the victim of rape, as well as the biological mother of the girl child, who was 51 days old at the time of filing this petition. Petitioner No. 2 is the mother and legal guardian of Petitioner No. 1. Petitioners No. 3 and 4 are a Muslim married couple, and the prospective adoptive parents with no biological children, who have filed an affidavit affirming their educational qualifications, financial stability, and emotional commitment to provide for the overall growth and development of the child.