Munmun Kaur
Published On : February 23, 2022 at 14:51 IST
Recently, the Allahabad High Court observed that a marriage certificate isn’t an essential condition for adopting a child.
The observation was made by the Allahabad High Court while hearing a Writ Petition filed by a transgender Rina Kinnar and her spouse.
As per the reports, the facts of the Case were that Rina was born in 1983, and they got married on December 16, 2000, at the Mahabeer Mandir in Ardali Bazar, Varanasi. The couple tried to adopt a child but were told that they needed to provide a marriage certificate.
They did not have a marriage certificate therefore, they made an online application before the Sub Registrar, Hindu Marriage, District Varanasi in December 2021. However, their marriage could not be registered because Petitioner no. 1 is transgender. The couple moved the High Court seeking directions to the Sub Registrar to register their marriage so that they can adopt a child.
The Bench of Justice Vivek Varma and Justice Dr. Kaushal Jayendra Thaker hearing the matter observed that according to the Hindu Adoption and Maintenance Act of 1956, even a single parent can adopt a child.
While disposing of the Petition, the High Court directed the Registrar to pass a detailed Order on the online application dated 03.12.2021 of the Petitioners seeking registration of their marriage.