The Kerala High Court in the case of Thomas P. and Ors. v/s State of Kerala and Ors. ruled that the Family Court with respective territorial jurisdiction is empowered to give a child in adoption.
Appellants have no child inspite of undergoing various procedures, the doctors certified that there is no chance for conceivement by the 2nd appellant and her uterus is also removed and the 2nd respondent is the brother of the 2nd appellant. So they come within the definition of ‘relatives’ as prescribed under Section 2(52) of the Act. As pers law, procedures and the rules above prescribed, the appellants are eligible to adopt a child, who is the 4th girl child of respondents 2 and 3. The respondents have no objection and have filed a consent letter too.
By the impugned order, the District Judge dismissed their O.P., finding that the court has no jurisdiction to entertain or adjudicate the issue of adoption mooted by the appellants.
The appellants contended that being the brother’s child of the 2nd appellant, the child supposed to be adopted will come within the definition of ‘relative’ defined under Section 2(52) of the Juvenile Justice (Care and Protection of Children) Act, 2015. Section 56(2) is also relevant. So this is the proper forum for entertaining an appeal against the impugned order.
The single judge bench of Justice M.R. Anitha noted that the finding of the District Judge that the court is not a proper forum and they have to approach the Child Welfare Committee is illegal and perverse.
The court set aside and quashed the impugned order passed by the District Judge and while allowing the appeal said that the child in question belonged to respondents 2 and 3 and will not come under child in need of care and protection.