14 Jan 2023 4:02 AM GMT
Directing CARA to issue an NOC within 30 days to an NRI couple for adoption of a child, the Delhi High Court in a ruling said the application being prior to the coming into force of Adoption Regulations, 2022, the "adoption would not be strictly required to be dealt with in the procedure prescribed in the said Regulations." "The Court finds that in the present case the adoption dates back to...
Directing CARA to issue an NOC within 30 days to an NRI couple for adoption of a child, the Delhi High Court in a ruling said the application being prior to the coming into force of Adoption Regulations, 2022, the "adoption would not be strictly required to be dealt with in the procedure prescribed in the said Regulations."
"The Court finds that in the present case the adoption dates back to 2011 and the application seeking NOC was filed much before the Regulations came into force on 23rd September, 2022. The Regulations have been notified and current applications, would require verification by the District Magistrate," said the court.
Justice Prathiba M. Singh said a declaratory decree has already been passed in the case and a home study report has already been prepared. "The adoption deed is a registered adoption deed," said the court.
Though Director CARA Jagannath Pati told the court that the District Magistrate has already been contacted and is likely to send the verification shortly, the court said:
"Irrespective of whether the DM’s verification, is received or not, in the unique facts of this case, which predates the coming into force of the Regulations, the NOC shall now be processed and issued by Respondent to the Petitioners within a period of 30 days from today, subject to availability of all documents on the record of CARA," said the court.
The petitioners adopted a child from her biological parents in 2011, and an adoption deed was registered in the same year.
When they filed an application before the UK border agency for entry clearance, it was rejected due to lack of a ‘No Objection’ from the Indian adoption agency. Thereafter, repeated attempts were made from 2011 to 2016 to obtain an NOC from CARA. The CARA in response said that an adoption under the Hindu Adoption and Maintenance Act, 1956 was not covered.
Subsequently, the petitioners filed a suit for declaration under Section 34 of the Specific Relief Act, 1963 and a decree declaring them to be the legal adoptive parents of the child was passed in 2017. The petitioners, thereafter, requested CARA to recognise the adoption and to issue the NOC under the Hague Convention. After CARA failed to issue the NOC, the petitioners filed a writ petition before the high court.
Case Title: Anil Kumar Singh & Anr. versus Union of India
Citation: 2023 LiveLaw (Del) 38
Counsel for the Petitioners: Karan S. Thukral, Advocate
Counsel for the Respondents: Sushil Kr. Pandey, SPC, with Kuldeep Singh Advocates; Sumit Bhargava, Advocate with J. Pati, Director for CARA
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