In a recent event, the Allahabad High Court passed its order on a petition filed by a transgender couple seeking adoption. The court observed that a marriage certificate isn’t a compulsion for adopting a child, as Hindu Adoption and Maintenance Act, 1956, under Sections 7 and 8, allows even single parents to adopt.
A bench of Justice Kaushal Jayendra Thaker and Justice Vivek Varma has made the decision on the petition filed by a transgender and her husband, who sought direction to the Sub Register, Hindu Marriage, District Varanasi to acknowledge and make a decision on their online application for marriage registration.
According to the case, petitioner no 1 (a Transgender) and petitioner no 2 (boy) sanctified their marriage in December 2000. Soon after they decided to adopt a child. They were told that a marriage certificate is required for adoption, therefore, they applied online before the Sub-Register, Hindu Marriage, District Varanasi in December 2021 to get the same. But the marriage certificate could not be issued reason stated that petitioner 1 is a transgender person.
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They then moved to the High Court, seeking direction to the Sub-Register to register their marriage, so that they can move forward for adoption.
While commencing, the Court directed the Registrar to pass a detailed order on the online application dated 3 December 2021, by the petitioners applying for their marriage registration.