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2025 DAILYLAW 193571 (MAD)

K.KARTHICK v. R.PERUMAL

CRP/5199/2025 · 2025-11-03

S Sounthar

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

C.R.P.No.5199 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 03.11.2025 CORAM THE HONOURABLE MR.JUSTICE S.SOUNTHAR C.R.P.No.5199 of 2025 1.K.Karthick 2.K.Malathi ... Petitioners vs. 1.R.Perumal 2.P.Janani ... Respondents PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, to direct the Principal District Judge at Ranipet to number the original petition in unnumbered A.D.O.P.(SR)No.679 of 2024 in CNR No.TNRP010015432024 on file and dispose of the same on merits and in accordance with law. For Petitioners : Mr.L.Ram Kumar O R D E R 1/4 https://www.mhc.tn.gov.in/judis C.R.P.No.5199 of 2025 The Civil Revision Petition is filed challenging order passed by the Principal District Court, Ranipet, returning the original petition filed by the petitioners under Section 10 of the Hindu Adoptions and Maintenance Act, 1956. 2. The petitioners filed this original petition before the learned Principal District Court, Ranipet, seeking permission of the Court to adopt a female child namely Minor-Gopikavarthini. The petition has been filed under Section 10 of the Hindu Adoptions and Maintenance Act, 1956. 3. A perusal of Section 10 of the Hindu Adoptions and Maintenance Act, 1956 would reveal it only talks about conditions for valid adoption. There is no provision in Hindu Adoptions and Maintenance Act, 1956 enabling the Court to give permission for adoption. Any Hindu having capacity to adopt a child as per Section 7 of the Hindu Adoptions and Maintenance Act, 1956, is entitled to adopt a child subject to the conditions prescribed under the Act. 4. In case, the validity of the adoption is questioned by anybody, the 2/4 https://www.mhc.tn.gov.in/judis C.R.P.No.5199 of 2025 Court can only adjudicate on the validity of the adoption and granting permission to anybody for adopting the child is not contemplated under the Hindu Adoptions and Maintenance Act, 1956. Therefore, the original petition filed by the petitioners is misconceived and the same was rightly returned by the Principal District Court, Ranipet and hence, I do not find any error in the impugned order passed by the Court below. If the petitioners want any adjudication on the validity of adoption, it is for them to workout their remedy before the Regular Civil Court. 5. With this clarification, the Civil Revision Petition stands dismissed. No costs. 03.11.2025 Index : Yes / No Speaking order : Yes / No Neutral Citation : Yes / No dm To The Principal District Judge, Ranipet. 3/4 https://www.mhc.tn.gov.in/judis C.R.P.No.5199 of 2025 S.SOUNTHAR, J. dm C.R.P.No.5199 of 2025 03.11.2025 4/4 https://www.mhc.tn.gov.in/judis