The Madras High Court stated that registering an adoption deed is pointless because it lacks legal validity under any law.
The Madras High Court stated that registering the Adoption Deed is pointless because it lacks legal validity under any law. This was noted by the Madurai Bench in response to a Writ Petition asking the Sub-Registrar to register the Adoption Deed. Justice G.K. Ilanthiraiyan, in a Single Bench, mentioned that the registering authorities cannot register any marriage or divorce documents as they hold no legal validity. Similarly, the adoption deed between the petitioners also lacks legal standing and does not grant any rights to the parties involved. Thus, registering the adoption deed is a pointless act since it has no legal validity.
Advocate H. Arumugam represented the Petitioners, while Special Government Pleader S.P. Maharjan and Senior Advocate M. Ajmal Khan (Amicus Curiae) represented the Respondents. In this case, the Petitioners, a husband and wife, had three daughters. The fourth Petitioner is the sister of the second Petitioner, and the third Petitioner is the husband of the fourth. The first and second Petitioners decided to adopt their third daughter to the third and fourth Petitioners. They agreed to this adoption in front of their relatives. They created an Adoption Deed in 2018 and sought registration for the future of the adopted child. However, the Sub-Registrar denied the registration, stating there is no provision for registering adoption deeds online for Muslims. Upset by this, the Petitioners approached the High Court.
The High Court, considering the facts presented, stated, “… the adoption deed does not need to be registered with any authorities. Therefore, the cases cited by the petitioners’ lawyer do not apply here.” The Court mentioned that the request made by the Petitioners in the Writ Petition cannot be approved, and the Writ Petition lacks merit and should be dismissed. “However, the petitioners can refer to the Adoption Regulations, 2017, published in the Gazette of India Extraordinary on 04.01.2017, under the authority of Section 68 of the J.J Act, 2015, which took effect on 16.01.2017,” it added.
Additionally, the Court instructed the Inspector General of Registration for the Government of Tamil Nadu to send a Circular to all Registrars, prohibiting them from registering any adoption deed executed by anyone, regardless of their religion, without adhering to the required legal provisions. As a result, the High Court dismissed the Writ Petition.
Cause Title: C. Pakkir Maideen & Ors. v. The Principal Secretary to Government & Ors.
