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Allahabad High Court: Marriage certificate not mandatory for adopting a child

Knocksense Team by Knocksense Team
25.02.2022
in India, Kanpur
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After a writ petition filed by Rina Kinnar for the adoption of a child, the Allahabad High Court on February 9, recognised the law stated under Section 7 and 8 of the Hindu Act and observed the capacity of an individual to adopt a child. The verdict came in after Rina Kinnar and her partner were denied adoption on grounds of not being able to present a marriage certificate in Varanasi.

Allahabad HC order

[rebelmouse-proxy-image https://media.rbl.ms/image?u=%2Fwp-content%2Fuploads%2F2017%2F07%2Ftransgender-community.jpg&ho=https%3A%2F%2Ftheculturetrip.com&s=622&h=d49734973ec63cbf442d156cdff3291abd732d292e123cb49825577eb0df68e5&size=980x&c=1870304314 photo_credit=”” pin_description=”” dam=”0″ site_id=20074994 caption=”” photo_credit_src=”https://theculturetrip.com/wp-content/uploads/2017/07/transgender-community.jpg” crop_info=”%7B%22image%22%3A%20%22https%3A//media.rbl.ms/image%3Fu%3D%252Fwp-content%252Fuploads%252F2017%252F07%252Ftransgender-community.jpg%26ho%3Dhttps%253A%252F%252Ftheculturetrip.com%26s%3D622%26h%3Dd49734973ec63cbf442d156cdff3291abd732d292e123cb49825577eb0df68e5%26size%3D980x%26c%3D1870304314%22%7D” expand=1]

Rina and her partner had solemnized their marriage at Mahabeer Mandir, Ardali Bazar, Varanasi back in December 2000. When the couple decided to adopt a child, they were denied on grounds that they would require a marriage certificate under the Hindu Marriage Act.

In a bid to protect such individualistic rights, the HC bench headed by Justice Kaushal Jayendra Thaker and Justice Vivek Varma passed the verdict, directing the Registrar’s office to pass a detailed order on online application filed by the petitioner dated December 3, 2021. This move has made it clear that a marriage certificate is not necessary for adopting a child and has also opened gates for individuals looking or trying to understand the terms and conditions for adoption.

Tags: ~rmsc:rebelmouse-image:29400786adoption rightsallahabad high courtallahabad high court latest newshigh court benchright to adoptright to adoptiontransgender rights

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