Allowing a second appeal filed by Philips Alfred Malvin, the adopted son of George Correa and Jane Correa of Thalassery, Justice D Sreedevi held that Hindu Law, Mohammaden Law and Canon Law recognised adoption. Therefore, simply because there is no separate statute providing adoption by Christians, it cannot be said that the adoption made by Correa couple is invalid. Since the adopted son gets all the rights of a natural born child, Malvin is entitled to inherit the assets of George Correa couple.

The defendants in the case (the children and grandchildren of the Correa couple) had contended that Philips Alfred Malvin had not been adopted by George Correa and that Christian Law never recognised adoption and hence the Malvin had no right over the properties ofGeorge Correa.

The Munsiff's Court, Kannur, allowed the suit filed by Malvin and passed a preliminary decree for partition. But the sub-court, Thalassery, set aside the decree and judgment and dismissed the suit, against which second appeal was filed before the High Court.

Justice Sreedevi said it was an admitted fact that the Christian Law does not prohibit adoption. The Code of Canon Law, commissioned by the Canon Law Society of America, goes to show that the Church has adopted civil law pertaining to the area in question. Therefore, adoption made by Correa couple cannot be said to be invalid. The Hindu Adoptions and Maintenance Act provides for adoption of children by Hindu parents. An adopted child when transplanted into a family gets all the rights and relationships of a biological child. The position of an adopted child in respect of inheritance and maintenance is the same as that of a natural born child.

Mohammedan Law also recognised adoption if there is custom prevailing among Mohammedancommunities. Custom is accepted to have the force of law.