G.MUTHUMARI Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) The petitioner is the biological mother of baby Muthupandi, aged about four months. The child was in the custody of the District Child Welfare Committee/fourth respondent herein, since the biological mother had some issues in taking care of the child. The third respondent Police and the fourth respondent herein had produced the child before us on 12/7/2023.

(2.) The petitioner had represented before us that she is not in a position to take care of her child and that she intends to give the child in adoption to Chellapandiyan and Pandiyammal, who were also present before us. By taking into account that such an adoption would be for the betterment welfare of the child and also that neither the prospective adoptive parents nor the specialised adoption agency or the biological mother of the child has received or agreed to receive any payment or reward or consideration for the adoption, we were of the view that the child could be given in legal adoption by following the procedure contemplated under Sec. 56 to 62 of the Juvenile Justice (Care and Protection of Children) Act, 2015. Accordingly, the petitioner, as well as Chellapandiyan and Pandiyammal, were granted liberty to approach the concerned District Magistrate seeking for legal adoption of the child Muthupandi.

(3.) Accordingly, both the petitioner herein, as well as Chellapandiyan, had given applications on 7/8/2023 before the District Collector for adoption of the child Muthupandi. The applications have been received by the District Collector in Petition Nos.71 and 68, both dtd. 7/8/2023, respectively. Consequently, the District Collector/fifth respondent had also passed the adoption order on 8/9/2023, pursuant to the interim directions given by us on 23/8/2023 and 7/9/2023. The adoption orders have also been served on the petitioner, as well as Chellapandiyan. On the basis of the adoption order, the birth of the adopted child has been registered and a birth certificate has also been issued in Reg.No.B-2022-33-16225-002960 dtd. 12/9/2023 by the Registrar (Birth and Death), District Head Quarters Hospital, Kovilpatti. The custody of the adopted child has also been handed over to the adoptive parents, Chellapandiyan and Pandiyammal, which fact has been ratified by the learned Additional Public Prosecutor.