New Delhi: In a significant ruling, the Madras High Court, Madurai bench, asserted that a womans marital status should not hinder her ability to give her biological child up for adoption under the Hindu Adoptions and Maintenance Act of 1956. Justice GR Swaminathans order on June 13 overturned a previous decision by the Sub Registrar who had refused to register the adoption deed of a three-year-old child.Whats full matter The Sub Registrars refusal was based on outdated considerations, including the childs birth from what was termed an illicit relationship and the biological mothers unmarried status at the time of the childs birth in 2021, despite her being of legal age by the time the adoption deed was processed. The High Court criticized this stance as reflective of a patriarchal mindset and emphasized that the law does not mandate spousal consent for adoption under Section 9 of the Act.What HC said Justice Swaminathan clarified that Section 9 of the Hindu Adoptions and Maintenance Act uses terms like father and mother, not husband and wife, thereby allowing unmarried mothers equal rights to decide the future of their children. The Court further noted that the provison to Section 9(2) applies only if the father is identified and available to assert paternity, which was not the case here.Complete registration formalities promptlyThe High Court directed the parties to complete registration formalities promptly, ensuring the adoption deed is registered without further delay.Advocate T Muhilan represented Ashok Kumar, the adoptive father and petitioner, while Government Advocate R Raghavendran appeared for the Inspector General of Registration and the Sub Registrar of Pavoorchathram district.
