On Monday, the Bombay High Court put forward that denying to allow the child to consider the mother’s caste on the basis that proof of caste from the parental side was not mentioned on records, would hinder the purpose of adopting the child.
In the case of Sonal Pratapsingh Vahanwala v. Deputy District Collector (Encroachment) & Ors recently the Bombay High Court held that an adopted child is entitled to take the caste of the single mother.
The Bombay High Court’s Bench held in its decision that, “Because of the facts and more particularly the fact that child was adopted from the orphanage with the permission of the Court, the child would be entitled to take the caste of the mother.” On that account, the Bombay High Court put in an order to the Deputy District Collector to issuance a caste certificate within two weeks to a petitioner’s adopted son.
Justices Sunil B Shukre and GA Sanap compromises a bench and held that the district caste officials to the core of this missed the important fact that the petitioner had adopted her son from an orphanage in the wake of obligatory orders from the aforementioned Court, and his birth records weigh up the same.
The Bench noted further that “Very purpose of adopting a child by the petitioner being a single mother would stand frustrated. In our opinion, such a situation could not be envisaged by law.” The appellant had put in an application to the Deputy District Collector for issuing of caste certificate to her son, later which came to be rejected.
In the explanation, the officials said that the petitioner is not be entitled to get a caste certificate because the reason behind it is there is the submission of her son’s father’s caste documents. The petitioner filed an appeal offended by the order of the Deputy District Collector, later the District Caste Certificate Scrutiny Committee had also confirmed the Collector’s order.
The petitioner then decided to move to Bombay High Court. In her plea, the petitioner had also pointed out that her son was adopted from an orphanage, and in addition to it, there was no question of details of his biological parents that’s why the orphanage was not acknowledged with the same.
In defense of the petitioner’s plea the Collector filed a reaction stating that as per 2001 of Government Resolution, it called for placing on record the permanent residential proof of the father or grandfather or great-grandfather of the boy, which had not been acting following in the present case. As a consequence, the application came to be rejected the collector contended.
The Bombay High Court remarked that denying to give a caste certificate because there are no paternal records of the child were not submitted would lead to disastrous effects. Further, the Court said “One of the effects would be that the child would not get the identity of the mother and particularly caste of the mother. He would be without identity throughout his life.”
Hence, The Bombay High Court observed that under the Hindu Adoptions and Maintenance Act the child had been adopted. As mentioned in the Act on adoption, “the child became a member of the family of the adoptive parents in all respect and such a child would also take the caste of the adoptive parents.”
In favor of this opinion, the High Court supported the petitioner and held that in the present case the government resolution was not applicable. Therefore, the Court directed the Collector to issue a caste certificate to the petitioner’s adopted son within two weeks.
Published by: Shivani Bhalke
Edited by: Subbuthai Padma
