Disposed

Shital Neel Shah and Anr. v. the Central Adoption Resource Agency and Anr.

Bombay HC8 Sept 2010WP/6144/2010

Case brief

AI extract

What is this about?

In a writ petition seeking a no objection certificate for Kenyan nationals to adopt an abandoned child in India, the Court directed CARA to request further particulars, held final decisions within two weeks, and adopted a sympathetic approach to the three-year delay.

What did the court decide?

Direction to CARA to inform petitioners of further requirements within one week and decide the No Objection Certificate within two weeks of receiving complete papers.

Shital Neel Shah and Anr. Vs the Central… — Child Custody and Guardianship | Bombay HC (2010)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE

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WRIT PETITION NO. 6144 OF 2010

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Shital Neel Shah & Anr. ... Petitioners.

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vs. The Central Adoption Resource Agency & Anr. ... Respondents.

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Ms. Shirin Merchant for the Petitioners. Mr. Vinod Joshi for Respondent No. 1. Mr. Jay K. Bhatia for Respondent No.2.

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CORAM : DR.D.Y.CHANDRACHUD, &

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SMT.R.P.SONDURBALDOTA,JJ.

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DATE : 8^th SEPTEMBER, 2010.

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P.C.:

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Rule, returnable by consent forthwith. Counsel

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for the respondents waive service. On the request of counsel and by consent taken up for final hearing.

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This petition has been filed by two Kenyan nationals who are OCI card holders. The relief that has

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been sought in the petition is a direction to the 1st respondent to issue a no objection certificate for the adoption of a female minor child, Muskaan. The placement agency in India is Preet Mandir, Pune. The child was born on 21.6.2009 and was found abandoned on 19.7.2009. The child was produced before the Child Welfare Committee, Pune which placed the child under the care and custody of Preet Mandir until inquiries were made to trace the biological parents. There are two police reports. The second of them dated 28.10.2009 states that the parents of the child have not been traced. The Child Welfare Committee thereafter issued an order on 11.12.2009 recording that since no one had approached the Placement Agency or the Shivaji Nagar Police Station claiming custody of the child, the child was committed to the institution on 25.11.2009 under Section 33 (3) of the Juvenile Justice Act, 2000. The Child Welfare Committee, Pune has by its order declared that the child is destitute and free for adoption.

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The petitioners are of Indian origin and reside in Kenya. They have one biological daughter born on 14.1.2006. The 1st petitioner is a teacher while the 2nd petitioner has his own business. The petitioners

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approached the Child Welfare Society of Kenya, a registered adoption society, for facilitating the adoption of a female child. A Home Study Report was prepared on 27.9.2007. The Home Study Report was submitted to the 1st respondent. After a considerable amount of correspondence, the 1st respondent stated that it had forwarded the dossier to Preet Mandir, Pune. Intimation was furnished to the petitioners to that effect by an email on 23.9.2008. In January 2010, the 2nd petitioner visited India when the child Muskaan was matched and the petitioners signed a child acceptance letter on 8.1.2010. A fresh Home Study Report was prepared on 27.1.2010. Necessary documents were forwarded to Preet Mandir on 9.4.2010. On 10.4.2009, the placement agency addressed a letter to the 1st respondent. The licence of the Indian placement agency was revoked on 20.5.2010.

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As a result, the proposal of the petitioners for adopting the child has remained pending in the absence of an NOC from CARA. As the facts narrated earlier would show, the petitioners have been pursuing the proposal to adopt a child for nearly three years. We are of the view that in the peculiar facts and circumstances of this case,

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CARA should adopt a sympathetic and humane approach to the issue and take steps for processing the grant of its NOC. The learned counsel appearing on behalf of the petitioners has stated that the petitioners are ready and willing to furnish any other documentation and material apart from what has been submitted to meet the requirements of CARA and to facilitate the grant of an NOC.

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CARA shall within a period of one week from today inform the petitioners or their Advocate by email what further particulars or information is required in order to facilitate the processing of the NOC. The petitioners have agreed to supply the information within a period of one week thereafter. We direct that a final decision on the grant of an NOC shall be taken by CARA within a period of two weeks of the receipt of the complete set of papers. The petition is accordingly disposed of. No order as to costs.

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(DR.D.Y.CHANDRACHUD, J.)

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(SMT.R.P.SONDURBALDOTA,J.)

Shital Neel Shah and Anr. v. the Central Adoption Resource Agency and Anr.

Case brief

What is this about?

What did the court decide?

Shital Neel Shah and Anr. v. the Central Adoption Resource Agency and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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