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Adopted child of single mother entitled to take her caste: Bombay High Court

A Bench of Justices Sunil B Shukre and GA Sanap held that the district caste authorities completely missed the vital aspect that the petitioner had adopted her son from an orphanage after requisite orders from the Court, and his birth records reflected the same.

“In view of the facts and more particularly the fact that child was adopted from the orphanage with the permission of the Court, the child would be entitled to take the caste of the mother,” the Bench held.

The Court, therefore, directed the Deputy District Collector to issue a caste certificate to a petitioner’s adopted son within two weeks.

“Very purpose of adopting child by the petitioner being a single mother would stand frustrated. In our opinion, such a situation could not be envisaged by law,” the Bench observed.

Source: Barandbench

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