LAWS(MAD)-2024-6-79

ASHOK KUMAR Vs. INSPECTOR GENERAL OF REGISTRATION

Decided On June 13, 2024
ASHOK KUMAR Appellant
V/S
INSPECTOR GENERAL OF REGISTRATION Respondents

JUDGEMENT

(1.) "A" is a three year old male child. He was born on 28/11/2021 to "K" out of an illicit relationship. "K" was a minor when she conceived. "K" now wants to give the child in adoption. The petitioner and his wife have come forward to take "A" in adoption. Deed of adoption was executed and presented for registration. The registering authority refused registration on the ground that "K" had attained majority and remains unmarried at the time of giving adoption. Challenging the impugned refusal check slip, this writ petition has been filed.

(2.) The learned counsel appearing for the petitioner reiterated the contentions set out in the affidavit filed in support of this writ petition. He drew my attention to the relevant statutory provisions. Placing reliance on the decision reported in (2016) 10 SCC 767, the learned counsel argued that the impugned order has to be set aside and relief granted.

(3.) The learned Government Advocate on the other hand submitted that since the consent of the biological father is absent, the registering authority rightly refused registration. He admitted that the impugned refusal check slip does not reflect this reason. He called upon this Court to dismiss the writ petition.