The Madurai bench of the Madras High today ruled that a father has a right to give his child in adoption.
A division bench comprising Justice S Tamilvanan and Justice V S Ravi, rejecting the plea of the child's grand mother, held that father is the legal guardian of the child after the death of her mother.
The child's father had given her in adoption to a couple and she was being taken care of by them, the bench said.
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The grandmother submitted that her daughter Shanti was married to one Ramalingam a few years ago. The couple had a son and a daughter. After the birth of the daughter, Shanthi died.
The grandmother said Ramalingam refused to give his seven month old daughter to her.
Ramalingam told the court said that he had given his daughter in adoption to a couple who did not have children. The adoption had been formally registered and they were taking care of the child, he said.
The child also wanted to be with the adopted parents, Ramalingam said.