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  
Disclaimer: SoOLEGAL in Media collaboration with Lawstreet Journal. SoOLEGAL take no responsbility for the content provided by Lawstreet Journal. For any discrepancies Contact Lawstreet Journal.
Did you find this write up useful? YES 0 NO 0
Featured Members view all

×

C2RMTo Know More

Something Awesome Is In The Work

0

DAYS

0

HOURS

0

MINUTES

0

SECONDS

Sign-up and we will notify you of our launch.
We’ll also give some discount for your effort :)

* We won’t use your email for spam, just to notify you of our launch.
×

SAARTHTo Know More

Launching Soon : SAARTH, your complete client, case, practise & document management SAAS application with direct client chat feature.

If you want to know more give us a Call at :+91 98109 29455 or Mail info@soolegal.com