Marriage Certificate Not Required For Adopting A Child, Says Allahabad High Court
Mumbai: The Allahabad High Court held that a marriage certificate is not required for the adoption of a child. According to the Hindu Adoption and Maintenance Act 1956, single parents can also adopt a child.
The court made the observation on February 9 while hearing a writ petition filed by transgender Reena Kinnar and his wife.
According to the petition, Reena was born in 1983 and they were married on 16 December 2000 at Mahabir Mandir in Ardali Bazar, Varanasi, news agency PTI reported.
The petitioners sought the adoption of a child but were told that they needed to provide a marriage certificate, which they did not have.
A division bench of Justice Vivek Verma and Justice Dr Kaushal Jayendra Thakar made the observation while hearing a case filed by a transgender woman and her spouse who asked the Sub Registrar, Hindu Marriage, District Varanasi to evaluate and decide on their online marriage application, Live Law reported.
Mainly petitioner no. 1 (a transgender) and petitioner no. 2 (a boy) got married in December 2000. After that, he intended to adopt a child but was advised that a marriage certificate would be required under the Hindu Marriage Act, so they filed an online application with the Sub Registrar, Hindu Marriage, in Varanasi district in December 2021.
(With Agency Inputs)
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