IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 29TH JULY 2008 / 7TH SRAVANA 1930 MFA.No. 14 of 2008() ------------------------------ OP.1/2007 of DISTRICT COURT,KOZHIKODE OP.510/2005 of FAMILY COURT,KOZHIKODE .................... APPELLANT: PETITIONERS ---------------------- 1. P.NARAYANAN ,AGED 46 YEARS,S/O. NAMBU "PANCHAMAM" CHERUVAYOOR, EDAVANNAPPARA, MALAPPURAM. 2. SUDHARI BABY AGED 37 YEARS,W/O.NARAYANAN "PANCHAMAM" CHERUVAYOOR, EDAVANNAPPARA, MALAPPURAM. BY ADV. SRI.A.RANJITH NARAYANAN SRI.S.K.SAJU RESPONDENTS: ---------------------- 1. MOTHER SUPERIOR HOLY INFANT MARY'S GIRLS HOME, ST.VINCENT'S HOME KOZHIKODE 673 032. 2. VOLUNTARY CO-ORDINATING AGENCY FOR ADOPTION SEVASADAN BUILDING, 4TH GATE, P.O., AMALAPURI, KOZHIKODE 673 032. 3. INDIAN COUNCIL OF SOCIAL WELFARE KERALA STATE BRANCH RAJAGIRI COLLEGE OF SOCIAL SCIENCES RAJAGIRI P.O., KALAMASSERY, ERNAKULAM 683 104. ADV. SRI.P.GOPAKUMARAN NAIR FOR R3 SRI.C.S.DIAS FOR R3 SMT.R.BEENA FOR R3 THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 29/07/2008, ALONG WITH MFA NO. 15 OF 2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. Koshy & P.N.Ravindran, JJ. -------------------------------------- M.F.A. Nos. 14 & 15 of 2008 --------------------------------------- Dated this the 29th day of July, 2008 Judgment Koshy,J. The appellants approached the court below for adoption of a minor female child. After satisfying that there is no possibility of the appellants having any biological child considering the medical certificates etc. and after considering their ability, court decided to give the child in adoption. To protect the interest of the child, certain conditions were imposed. We are of the opinion that those conditions were imposed only for the welfare of the child considering the statutory provisions as well as the observations of the Supreme Court in various cases. It is contended that if clause 8 of the order says that "if the prospective parents fail to comply with any of the aforesaid conditions, this order shall be liable to be cancelled." Section 15 of the Hindu Adoptions and Maintenance Act, 1956 provides that a valid adoption cannot be cancelled by the adoptive father or mother or any other persons. Clause 8 of the order says that that facility shall be liable to be cancelled. The earlier conditions would show that before adoption is finalised, the M.F.A.Nos. 14 & 15/2008 2 conditions prescribed like execution of bond etc. have to be complied with. A reading of the order has to be understood in such a way that unless those conditions are not fulfilled, the adoption will not become final. Only after fulfilling the conditions in the order, there is valid adoption and section 15 will apply. The conditions mentioned therein are pre-requisite for the adoption and there is no necessity for interfering in the order on that count. We also note that the condition is only equivalent to registration of the adoption deed as mentioned under section 9 (4) of the Act. Hence, we see no ground to interfere with the order at the instance of the appellant. Hence, appeals are dismissed. J.B.Koshy Judge P.N.Ravindran Judge vaa M.F.A.Nos. 14 & 15/2008 3 J.B. KOSHY AND P.N.RAVINDRAN,JJ. ------------------------------------- M.F.A. No.14 & 15 of 2008 ------------------------------------- Judgment Dated:29th July, 2008