Supreme Court – Daily Orders
Prema Gopal vs Central Adoption Resource Authority on 29 January, 2025
ITEM NO.41 COURT NO.8 SECTION XII
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 14886/2024
[Arising out of impugned final judgment and order dated 17-04-2024
in WPC No. 33803/2023 passed by the High Court of Judicature at
Madras]
PREMA GOPAL Petitioner(s)
VERSUS
CENTRAL ADOPTION RESOURCE AUTHORITY & ORS. Respondent(s)
[ TO BE TAKEN UP AT 2 P.M. ]
FOR ADMISSION and I.R.
IA No. 147703/2024 - EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT
Date : 29-01-2025 This matter was called on for hearing today.
CORAM :
HON’BLE MRS. JUSTICE B.V. NAGARATHNA
HON’BLE MR. JUSTICE SATISH CHANDRA SHARMAFor Petitioner(s) :Mr. Anil Malhotra, Adv.
Mr. Ranjit Malhotra, Adv.
Mr. Viresh B. Saharya, AOR
Mr. Ankit Malhotra, Adv.
Mr. Akshat Agarwal, Adv.
Mr. Rishabh Mathur, Adv.
For Respondent(s) :Ms. Aishwarya Bhati, A.S.G.
Mr. R Balasubramanian, Sr. Adv.
Shubham Saxena, Adv.
Shivika Mehra, Adv.
Astha Singh, Adv.
Advitiya Awasthi, Adv.
Abhijeet Singh, Adv.
Dr. N. Visakamurthy, AOR
Ms. G. Indira, AOR
Ms. Gandeepan, Adv.
UPON hearing the counsel the Court made the following
O R D E R
Signature Not Verified
We have heard learned counsel for the petitioner,
Digitally signed by
NEETU SACHDEVA
Date: 2025.01.30
16:56:03 IST
Reason: learned ASG appearing for respondent no.1 and Smt. G.Indirafor respondent nos. 2 and 3 and perused the voluminous
contd..
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material that has been appended to the memorandum of the
Special Leave Petition.
Learned counsel appearing for the petitioner submitted
that the petitioner is a citizen of United Kingdom (UK), who
has adopted two minor children (twins) on 09.01.2020 vide
Annexures P-1 and P-2 appended to the Special Leave Petition.
He further submitted that the said adoption of the two minor
children was further incorporated by a Deed of Adoption dated
19.09.2022 (Annexures P-4 and P-5), which clearly indicate
that the physical act of giving and taking of both the twin
children in adoption was performed on 09.01.2020 along with
the performance of the Hindu religious ceremonies in the
presence of relatives and friends, which is also supported by
Annexure P-1/Invitation.
Learned counsel submitted that having regard to Section
16 of the Hindu Adoptions and Maintenance Act, 1956 (for
short, “the HAMA, 1956”), there is a presumption as to
registered documents relating to adoption.
Since the petitioner herein is a citizen of UK, the
procedure for adoption of children under the HAMA, 1956 by
parents who desire to relocate the child abroad, as envisaged
under Chapter VIII of the Adoption Regulations, 2022
(“Regulations, 2022”) has to be followed.
In this regard, our attention was drawn to Regulations
64 and 67 of the Regulations, 2022, which read as under –
“64. This Chapter shall apply to — (a) all adoption
cases under the Hindu Adoptions and Maintenance Act,
contd..
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1956 (78 of 1956) by prospective adoptive parents or
adoptive parents residing outside the country and
(b) all adoption cases pertaining to countries
outside the Hague Adoption Convention.
67. Procedure in the case of registered adoption
deed.― (1) In the cases where the adoption deed has
already been executed in pursuance of adoption under
the Hindu Adoptions and Maintenance Act, 1956 (78 of
1956), before the commencement of the Adoption
(Amendment) Regulations, 2021, the requisite
documents supporting the facts of the adoption deed
shall be duly verified and recommended by the
District Magistrate in the format as provided in
Schedule XXXV.
(2) On receipt of the verification of documents as
per Schedule XXXV, the Central Adoption Resource
Authority shall comply with the provisions of
Articles 5 or 17 from the receiving country as
provided in the Hague Adoption Convention.
(3) Upon receiving such certificate, the Central
Adoption Resource Authority shall issue no objection
certificate for Hague ratified countries and in cases
of countries outside the Hague Convention on
Protection of Children and Co-operation in respect of
Inter-country Adoption, the Central Adoption Resource
Authority shall issue a support letter upon receiving
a letter accepting the said adoption from the
Government department.”
Learned counsel submitted that although the adoption of
the twin children in the instant case took place on
09.01.2020, the Deed of Adoption was subsequently registered
on 19.09.2022. He submitted that the said Deed of Adoption
would relate back to 09.01.2020, on which date the religious
ceremonies were performed in the presence of relatives and
friends for the formal adoption of the children under the
provisions of the HAMA, 1956. In the circumstances, Regulation
67 has to be read in a manner relatable to the date of
contd..
– 4 –
adoption. The submission of learned counsel was that
although the Deed of Adoption was registered on
19.09.2022 which is subsequent to the commencement of the
Adoption (Amendment) Regulations, 2021, the said Deed of
Adoption relates back to the date of adoption being
09.01.2020. In the circumstances, there can be no hurdle in
the consideration of the case of the petitioner herein under
Regulation 67 of the Regulations, 2022. Therefore, he urged
that initially a direction may be issued to respondent
no.3/Collector, and respondent no.2 as well, for the purpose
of consideration of the case under Regulation 67 of the
Regulations, 2022.
Per contra, learned ASG appearing for respondent
No.1/Central Adoption Resource Authority contended that this
is a case of inter-country adoption and therefore, the
procedure as envisaged under the Regulations for inter country
adoption must be strictly complied with. In this regard, our
attention was drawn to Regulations 67 and 68 of the
Regulations, 2022 as well.
Learned counsel appearing for respondent nos. 2 and 3
submitted that if any direction is to be issued to respondent
nos.2 and 3, the same would be complied with in accordance
with law.
We are prima facie of the view that the learned counsel
for the petitioner is right in his submissions.
In the circumstances, we direct respondent no.3/Collector
contd…
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and respondent no.2 to entertain the application to be filed
by the petitioner herein with all supporting documents, within
a period of one week of from today.
On receipt of the said application, respondent nos.3 and
2 shall consider the case of the petitioner herein having
regard to the relevant provisions of the Regulations, 2022 and
in accordance with law bearing in mind the fact that the
adoption took place on 09.01.2020.
Liberty is reserved to the petitioner herein to seek
right of hearing before respondent no.3 either in person or
through her representative or counsel.
It is needless to observe that if such a request is made
by the petitioner for an opportunity of hearing to her or her
representative or counsel, the same shall be accorded by
respondent no.3/Collector.
The entire exercise shall be completed by respondent
nos.3 and 2 within a period of two weeks from the date of
hearing of the petitioner.
A copy of the order of respondent no. 3 to be submitted
before this Court by respondent no.3 herein.
List on 05.03.2025.
(NEETU SACHDEVA) (DIVYA BABBAR) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)