Published on: December 13, 2023 at 15:30 IST
Court: High Court of Kerala
Citation: Prameela L. V. State of Kerala (2023)
Honourable High Court of Kerala has held that Hindu Adoptions and Maintenance Act allows family to adopt an orphan. It is held that such adoption could be made only if the guardian gave the child in adoption. Obtaining an order appointing one as guardian of such a child under the Guardians and Wards Act also does not confer on the child the status of an adopted child. It is held that in the absence of evidence of a valid adoption having been made in any of the recognised forms undergoing the formalities of adoption recognised by the community an adoption cannot become legal.
6. In these circumstances, we are not satisfied of the petitioner’s so – claimed status as the adopted daughter of Gopalan. In the absence of a valid and legal adoption, and in any case, in the absence of documents evidencing the factum of adoption, albeit not in terms of law, we cannot find fault with the respondent authorities in not issuing a Legal Heirship Certificate in favour of the petitioner. More than the absence of a legal document evidencing a legal adoption, what weigh with us to refuse the relief sought for is the complete dearth of evidence suggesting an inference as to the factum of adoption from the materials on record.
7. In the given circumstances, we are not addressing certain incidental questions posed by the learned Special Government Pleader, that is to say, whether the petitioner is qualified to seek compassionate appointment as a last grade servant; and whether the post of a part time sweeper will come within the posts scheduled under the compassionate appointment scheme etc. The question as to whether the petitioner – who is living with her husband and two children, who have attained majority – is a dependent of deceased Gopalan also looms large.
Drafted By Abhijit Mishra