Pakkir Maideen Adoption Deed Writ Petition
The Madurai Bench of the Madras High Court, in a judgment pronounced on 12 November 2024, considered a request to direct the Kayathar Sub-Registrar to register an adoption deed involving Muslim parties. The supplied text is a court judgment extract, not guidance issued by the Commercial Taxes and Registration Department, and it contains neither a government order number nor the Court's final decision.
What the case concerns
The Madurai Bench of the Madras High Court considered a writ petition seeking registration of an adoption deed dated 7 July 2018. The petitioners asked the Court to direct the Sub-Registrar at Kayathar to register the deed after considering their representation dated 21 July 2018.
The first and second petitioners, a married couple with three daughters, stated that they gave their third daughter in adoption to the third and fourth petitioners. The proposed adoptive mother was the sister of the child's mother. According to the petitioners, relatives were present when the adoption was accepted.
Why registration was disputed
The dispute arose because the Registration Department did not register the document. The positions recorded in the extract include:
- The petitioners said the Sub-Registrar informed them that online registration had no option for an adoption involving Mohammedans and that manual registration was unavailable.
- The petitioners argued that registration of an adoption deed was optional rather than compulsory.
- The petitioners also argued that adoption was not barred merely because the parties were Muslim, relying on legislation, custom and previous court decisions.
- The Sub-Registrar's response stated that the Registration Department had no relevant software provision and that Muslim Personal Law did not recognise adoption.
- The Sub-Registrar also stated that the petitioners' representation was pending while advice was being sought from superior officers.
Who may be affected
The proceedings are relevant to Muslim families seeking to present an adoption deed for registration in Tamil Nadu. They are also relevant to Sub-Registrars and other Registration Department officials handling documents that are not available as a category in the online registration system.
Important limitation of the extract
The Madurai Bench of the Madras High Court appointed senior counsel as amicus curiae to assist it. The supplied extract records part of his submissions concerning Muslim Personal Law and adoption, but it stops before the Court's reasoning and final directions.
The extract therefore does not establish whether the Kayathar Sub-Registrar was ultimately directed to register the deed. It also does not contain Circular 1261/C1/2025, a government order number, or any direction stated to take effect on 1 January 2025.
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Common questions
Did the Madras High Court direct the Sub-Registrar to register the adoption deed?
The supplied extract does not include the Court's final decision. It only records the request, the parties' arguments and part of the amicus curiae's submissions.
Why was the adoption deed not registered online?
The extract states that the registration system had no online option or software provision for registering an adoption deed presented by a Muslim individual.
Is registration of an adoption deed compulsory?
The petitioners argued that an adoption deed was not compulsorily registrable and that registration was optional. The supplied extract does not include the Court's final ruling on that argument.
Does this extract contain a Tamil Nadu Registration Department circular?
No. The supplied text is from proceedings before the Madurai Bench of the Madras High Court and does not reproduce a Registration Department circular or government order number.
