LAWS(MAD)-2014-8-168

CLARETIAN MERCY HOME Vs. R. VAIRAVAN ANANDAN

Decided On August 14, 2014
Claretian Mercy Home Appellant
V/S
R. Vairavan Anandan Respondents

JUDGEMENT

(1.) This Civil Revision Petition is filed against the interim order passed by the learned 1st Additional District Judge, Madurai, in JJ.O.P. No. 25 of 2012, dated 06.02.2014. The petitioner and the respondents herein filed Adoption petition in J.J.O.P. No. 25 of 2012 before the learned 1st Additional District Judge, Madurai, under section 41(6) of the Juvenile Justice (Care and Protection of Children) Amendment Act, 2006 r/w rule 33(5) of the Juvenile Justice (Care and Protection of Children) Rules, 2007, to permit the petitioner's Institution to give the minor female child Jerina @ Swarnabairavi in permanent adoption to the respondents, who are the petitioners 2 and 3 in the said O.P.

(2.) The petitioner and the respondents herein filed documents as contemplated under sections 41 of the Juvenile Justice (Care and Protection) Act, 2000 and Rule 33 of the Juvenile Justice (Care and Protection of Children) Rules 2007 and they let in oral evidence also. The learned 1st Additional District Judge issued notice to the Indian Council for Child Welfare (ICCW), Chennai-30 and the Indian Council for Social Welfare (ICSW) Chennai-8, seeking for report. This special notice was issued in compliance of the Circular of this court, in R.O.C. No. 1790(A)/2001/B5, dated 24.06.2003.

(3.) The learned counsel for the petitioner argued that the Circular, dated 24.06.2003, applies only to the petitions filed under the Guardian Wards Act and the Hindu Adoption and Maintenance Act and it will not apply to the petitions filed under the Juvenile Justice (Care and Protection of Children) Act and Rules.