Can an Adopted Child be Issued Caste Certificate of Adoptive Parent’s Caste? Answers Bombay High court.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

WRIT PETITION NO.3771 OF 2021

Dr. Sonal Pratapsingh Vahanwala, ]

An Adult, Indian Inhabitant, ]

Aged about 44 years, Occu. Doctor, ]

residing at A-304, Kresshnadeep CHS, ]

Sathya Sai Complex, Chikuwadi, ]

Borivali (West), Mumbai – 400 092. ] Petitioner 

Vs.

1. Deputy District Collector (Encroachment)]

Dharavi Division, Mumbai City. ]

2. District Caste Certificate Scrutiny ]

Committee, Mumbai City, Having their ]

Office at Panchsheel M-1, Ground ]

Floor, Siddharth Housing Sanstha, ]

Labour Camp, Valmiki Road, Matunga, ]

Mumbai. ]

3. State of Maharashtra, ]

Having its office at Mantralaya, ]

Mumbai – 400 032. ] Respondents

…..

Mr. Pradeep Havnur, for Petitioner.

Mrs. S.S. Bhende, A.G.P., for Respondent-State.

…...

The Court also referred to the Judgement of Supreme Court in the case of Rameshbhai Dabhai Naika Vs. State of Gujarat and others, (2012) 3 Supreme Court Cases 425, holding that:

“Such a child would also take the caste of the adoptive parents. In our opinion, even if the controversy is looked at from this point of view, it would show that the son of the petitioner on adoption would be entitled to take her caste.”