Allahabad High Court Says Marriage Certificate Not Mandatory For Adopting Child

NEW DELHI: The Allahabad High Court while hearing a writ case in the previous week declared that a marriage certificate will not play a major role in the process of adopting a child as it is not required.

The court made the remark as according to the Hindu Adoption and Maintenance Act, 1956, even a single parent can go for adopting a child.

On 9 February 2022, the Allahabad HC made the announcement while hearing a writ petition that was introduced in front of the court by a transgender woman named Rina Kinnar along with her partner.

As per the petition, Rina Kinnar was born in 1983 and she got married to her partner on 16 December 2000 at Mahabeer Mandir located in Ardali Bazar of Varanasi.

The couple after their marriage thought of adopting a child and as per their decision they tried to do so but they were told a marriage certificate is a requirement to adopt a kid.

They were advised to get a marriage certificate under Hindu Marriage Act so that they can adopt a child.

To fulfil their wish of adoption and to get a marriage certificate, the couple in December of last year registered an online application with the Sub Registrar, Hindu Marriage District Varanasi.

However, their marriage failed to get registered as petition no. 1 was transgender so they went ahead to file a petition with Allahabad High Court seeking registration of their marriage.

The petitioner through the petition requested the HC that the Sub Registrar record their marriage and provide a marriage certificate so that they can adopt a child.

So the HC came up with the decision that a marriage certificate is not required if someone wants to adopt a child and therefore the transgender woman and her partner have all rights to adopt a child.

The bench of Justice Vivek Varma and Justice Dr, Kaushal Jayendra Thaker made the observance while dealing with the case.

Meanwhile, the court directed the Sub Registrar to submit the detailed order on the online application filed by the couple dated 3 December 2021 meant for registering their marriage.

Also read: Demand, acceptance of bribe key to prove offence under anti-graft law: SC

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