B SELVARAJ Vs. COMMISSIONER MADURAI CITY MUNICIPAL

JUDGEMENT

(1.) THE petitioner seeks for a direction to the first respondent Corporation either to grant non-availability certificate of the registration of birth of his minor daughter minor YOGITHA @ VIDYALAKSHMI or to register the date of birth of his daughter, based upon the birth certificate issued by the second respondent.

(2.) THE second respondent is an N.G.O. maintaining an orphanage for destitute children and it has also been recognised as an adoption agency for giving in adoption of eligible children maintained by them. THE second respondent was in possession of one girl child who was relinquished by her biological parents. THE second respondent after doing necessary paper work, found the said girl child was fit for adoption.

(3.) THE second respondent was satisfied with the upbringing of the child. THE petitioner and his wife, therefore, filed an application before the first Additional District Judge, Madurai under Sections 2,6,7 read with 9(4) of the Hindu Adoptions and Maintenance Act, 1956. (for short 'HAMA'). THE said application in H.A.O.P.No.47 of 2007 was for grant of permission to take the minor girl child in permanent adoption from the first respondent. At the time of filing the application, the petitioner had also filed a birth certificate dated 30.06.2004 of the minor child showing her date of birth as 23.04.2004 and it was also marked as Ex.P.4, before the learned First Additional District Judge, Madurai.