HEAD NOTE** **Case No.:** Crl.O.P.No.29464 of 2025 **Court:** High Court of Judicature at Madras **Date of Order:** 14.11.2025 **Coram:** The Hon’ble Mr. Justice A.D. Jagadish Chandira

[16/11, 20:08] Sekarreporter: 👆👆👆**HEAD NOTE**

**Case No.:** Crl.O.P.No.29464 of 2025
**Court:** High Court of Judicature at Madras
**Date of Order:** 14.11.2025
**Coram:** The Hon’ble Mr. Justice A.D. Jagadish Chandira

**Parties:**
**Petitioners:**

1. S. Prasanna
2. S. Angelin Priscilla

**Respondent:**
M. Jothika

**Counsel:**
**For Petitioners:** Mr. N. Senthilkumar

**Statutory Provision Involved:** Section 528 of Bharatiya Nagarik Suraksha Sanhita
(Underlying application under Section 4(iii)(a)(II) of the Surrogacy (Regulation) Act, 2021)

### **Short Facts**

* Petitioners, an intending couple, filed a petition before the Judicial Magistrate, Katpadi, seeking approval for altruistic surrogacy and an order concerning parentage and custody of the child to be born through the surrogate mother under Section 4(iii)(a)(II) of the Surrogacy Act.
* The surrogate mother is the 2nd petitioner’s sister, and all statutory documents were filed.
* The Judicial Magistrate repeatedly returned the petition and finally refused to number it citing lack of jurisdiction based on an interim Supreme Court order in *Arun Muthuvel v. Union of India*.

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### **Observation of the Court**

* The High Court held that Section 4(iii)(a)(II) clearly mandates that orders relating to parentage and custody in surrogacy matters **must be passed by a Magistrate of the first class or above**, confirming jurisdiction of the Judicial Magistrate.
* The reliance on the Supreme Court’s interim order was incorrect, as that order dealt only with age relaxation and had no relevance to the present petition.
* The Surrogacy Act is **beneficial legislation**, and judicial officers must deal with such matters with *sensitivity, compassion, and responsibility*.
* Repeated returns by the Magistrate showed misunderstanding of statutory provisions and frustrated the object of the Act.

### **Final Order / Result**

* The impugned order returning the petition was **set aside**.
* Judicial Magistrate, Katpadi, was directed to **number the petition, take it on file, conduct enquiry, and pass orders within two weeks**.
* Criminal Original Petition **allowed**.
[16/11, 20:16] Sekarreporter: 👍👍