{"id":2404,"date":"2011-05-11T12:11:40","date_gmt":"2011-05-11T06:41:40","guid":{"rendered":"http:\/\/mynation.net\/docs\/?p=2404"},"modified":"2011-05-11T12:15:05","modified_gmt":"2011-05-11T06:45:05","slug":"6823-2008","status":"publish","type":"post","link":"https:\/\/mynation.net\/docs\/6823-2008\/","title":{"rendered":"Right to Adoption"},"content":{"rendered":"

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT<\/strong><\/p>\n

DATED: 14\/09\/2010<\/p>\n

Coram : THE HONOURABLE MR.JUSTICE K.CHANDRU<\/p>\n

W.P.(MD)No.6823 of 2008<\/p>\n

Adlin Maria(Minor)
\nRep.by her father and Guardian J.Mohandas\t\t\t\t… Petitioner<\/p>\n

Vs<\/p>\n

1.The Accountant General,
\n(A&E)
\nChennai.<\/p>\n

2.The Assistant Accounts Officer,
\nOffice of the Accountant General,
\n(Accounts & Entitlements)
\nTamil Nadu,
\nChennai.<\/p>\n

3.The Sub-Treasury Officer,
\nKalkulam,
\nThuckalay Post,
\nKanyakumari District.\t\t\t\t…\tRespondents<\/p>\n

PRAYER<\/p>\n

Petition filed under Article 226 of the Constitution of India, for the issuance of a Writ of Certiorarified Mandamus, calling for the records relating to No per XI III Pt.No.915\/08-09\/45, dated 14.05.2008 on the file of the Assistant Accounts Officer, Office of the Accountant General (Accounts and Entitlements),the second respondent herein, quash the same and direct the respondents to sanction and give family pension of deceased Rosammal (P.P.O No.625080 Kdgs) to the petitioner herein.<\/p>\n

For Petitioner\t … Mr.K.Sree Kumaran Nair
\nFor 1st Respondent … (R1 not served)
\nFor Respondents 2&3 … Mr.S.C.Herold Singh,
\nGovernment Advocate.<\/p>\n

:ORDER<\/p>\n

The petitioner is a minor represented by her father and guardian,
\nMr.J.Mohandas. It is claimed that the petitioner was born as a girl child on
\n13.12.1992. She was adopted by Rosammal on 06.10.1999 and she has been the
\nadopted daughter of the said Rosammal. The said Rosammal was an Office Assistant
\nin the Government High School at Kumarapuram and she retired from service on
\n31.12.2006. In the service book of the said Rosammal, the minor Adlin Maria was
\nshown as legal heir. Subsequently, after retirement, the said Rosammal was
\nreceiving the pension and unfortunately, she passed away on 04.08.2007.
\nSubsequent to her death, being the legal heir and adopted daughter of late
\nRosammal, she was claimed for pension and arrears of payment. The amount was
\nalso deposited in the Savings Bank account. The Headmaster of the High School
\ngave a representation to the first respondent with a copy marked to the third
\nrespondent claiming family pension in favour of the minor Adlin Maria. The
\nsecond respondent by order dated 14.05.2008 rejected the said request. The said
\norder signed by the Assistant Accounts Officer\/Per XI, who is cited as second
\nrespondent herein. It is necessary to reproduce the said order as under:<\/p>\n

“With reference to your letter cited above, it is stated that as per
\nChristian law adoption is not considered valid. Hence, the question of granting
\nfamily pension to the adopted child of Selvi.M.Rosammal (PPO No.625080Kdg) does
\nnot arise”.<\/p>\n

2.Subsequent to the said rejection, a legal notice was sent by the learned
\ncounsel for the petitioner. As there was no reply, the present writ petition
\ncame to be filed. Notice of motion directed to be issued except the Accountant
\nGeneral (A& E), the other respondents were served. The question that arises for
\nconsideration is whether the Christian parent or Christian woman is entitled to
\nadopt a child of her own. The question is no longer res integra. Similar
\nquestion came to be considered by this Court in a decision reported in 2009 (8)
\nMLJ 309 (R.R.George Christopher and another). This Court after going into the
\nlegal issues including the canon of law applicable to the Christian and also the
\nprovisions of the Juvenile Justice Act held that the Christian are also entitled
\nfor adopting a child. In paragraph 21, it was observed as follows:<\/p>\n

“21.The applicants having approached this Court and got a guardianship
\norder and subsequently, performed necessary rites for adopting the child, the
\nstand of the respondent is not legally valid. Instead of encouraging people to
\nadopt children with a view to rehabilitate and socially reintegrate, the Air
\nIndia, which is a Public Sector Undertaking, has come up with a plea that the
\npetitioners are only guardians and therefore, their adopted child cannot get any
\nbenefits otherwise available to the children of Air India Staff. It is a
\nspurious argument. Apart from that, their stand is opposed to the law of the
\nland. It is further shows their insensitiveness and ignorance regarding the
\ndevelopment of Law in this Country”.<\/p>\n

3.In the light of the clear legal position, the stand taken by the
\nrespondents cannot be countenanced by this Court. Hence, the impugned order is
\nset aside and the writ petition is allowed. The respondents are directed to
\nconfer all pension and terminal benefits and the arrears that are available to
\nthe minor Adlin Maria. The said exercise shall be carried out within a period of
\neight weeks from the date of receipt of a copy of this order. No costs.<\/p>\n

sms<\/p>\n

To<\/p>\n

1.The Accountant General,
\n(A&E)
\nChennai.<\/p>\n

2.The Assistant Accounts Officer,
\nOffice of the Accountant General,
\n(Accounts & Entitlements)
\nTamil Nadu,
\nChennai.<\/p>\n

3.The Sub-Treasury Officer,
\nKalkulam,
\nThuckalay Post,
\nKanyakumari District.<\/p>\n","protected":false},"excerpt":{"rendered":"

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14\/09\/2010 Coram : THE HONOURABLE MR.JUSTICE K.CHANDRU W.P.(MD)No.6823 of 2008 Adlin Maria(Minor) Rep.by her father and…<\/p>\n","protected":false},"author":1091,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_customify_content_layout":"","_customify_sidebar":"","_customify_page_header_display":"","_customify_disable_header":"","_customify_disable_header_top":"","_customify_disable_header_main":"","_customify_disable_header_bottom":"","_customify_disable_page_title":"","_customify_disable_content_vertical_padding":"","_customify_disable_footer_top":"","_customify_disable_footer_main":"","_customify_disable_footer_bottom":"","_customify_breadcrumb_display":"","_customify_header_transparent_display":"","footnotes":""},"categories":[65],"tags":[14863,14861,14866,14865,267,548,14862,14864,14870,14868,14869,14867],"class_list":["post-2404","post","type-post","status-publish","format-standard","hentry","category-judgments","tag-adlin-maria","tag-adoption-by-christian-family","tag-certiorarified-mandamus","tag-child-adoption","tag-constitution-of-india","tag-custody","tag-honourable-mr-justice-k-chandru","tag-j-mohandas","tag-mr-j-mohandas","tag-mr-k-sree-kumaran-nair","tag-mr-s-c-herold-singh","tag-rosammal"],"_links":{"self":[{"href":"https:\/\/mynation.net\/docs\/wp-json\/wp\/v2\/posts\/2404","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/mynation.net\/docs\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/mynation.net\/docs\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/mynation.net\/docs\/wp-json\/wp\/v2\/users\/1091"}],"replies":[{"embeddable":true,"href":"https:\/\/mynation.net\/docs\/wp-json\/wp\/v2\/comments?post=2404"}],"version-history":[{"count":0,"href":"https:\/\/mynation.net\/docs\/wp-json\/wp\/v2\/posts\/2404\/revisions"}],"wp:attachment":[{"href":"https:\/\/mynation.net\/docs\/wp-json\/wp\/v2\/media?parent=2404"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/mynation.net\/docs\/wp-json\/wp\/v2\/categories?post=2404"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/mynation.net\/docs\/wp-json\/wp\/v2\/tags?post=2404"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}