S.PRASANNA Vs. M. JOTHIKA

JUDGEMENT

(1.) Challenging the order returning the petition filed in O.P.SR.No.4669 of 2025 on the file of the Judicial Magistrate, Katpadi, dtd. 26/9/2025, this criminal original petition has been filed.

(2.) The facts in brief:

(3.) The learned counsel appearing for the petitioner would submit that rejection order is contrary to the provisions envisaged under Sec. 4(iii)(a)(II) of the Act and the petition is not one of civil nature but merely a statutory proceeding requiring judicial approval in aid of a lawful medical procedure. He would further submit that the judgment of the Supreme Court, based on which the learned Magistrate has returned the petition, will not be applicable to the facts of the present case and the Court has jurisdiction to pass orders if the petitioners and the proposed surrogate mother complies with the provisions envisaged under Sec. 4(iii)(a)(II) of the Act.