Lawstreet Journal

Adopted Son Entitled To Take Adoptive Mother’s Caste If Biological Father’s Records Not Available: Bombay High Court

Lawstreet Journal 22 Mar 2022 7:32am

Image courtesy: Lawstreet Journal Judiciary Adopted Son Entitled To Take Adoptive Mother’s Caste If Biological Father’s Records Not Available: Bombay High Court

A division bench of Justices Sunil Shukre and GA Sanap of the Bombay High Court observed that an adopted child also has the right to have an identity of adoptive mother, despite the caste authorities’ insistence on making the child’s biological father’s records available. 

Observing that an adopted child becomes a family member of his adoptive parents “in all respects”, the Bombay High Court directed authorities to issue a caste certificate to an 18 year- old based on his mother’s scheduled caste identity.

The Bench cited section 12 of the Hindu Adoption and Maintenance Act, 1956 which states that from the date of adoption of the child all the ties from his biological family get dissolved and gets replaced by the ties with the adoptive family. 

Brief Facts: 

On refusal of caste certificate to child by Collector in 2016 saying that father’s caste documents were not submitted, a single mother challenged order at the District Caste Certificate Security Committee which confirmed the previous order by the collector. 

On appeal to Court, the mother argued in the court that her child has been using the caste as “Hindu Mahyavanshi” which is a schedule caste in all his school documents. She cited the case of Rameshbhau Dabhai Naika v. Satat of Gujarat, where the Supreme Court held that adoptive child is entitled to take caste of his mother. On the other hand, the AGP argued that it is a mandate under the law for issuance of caste certificate to produce documents of the father, and therefore the… Continue Reading...

Tagged: Bombay High Court  
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