Fabian Ricklin vs State Of West Bengal And Others
2023 Latest Caselaw 5540 Cal

AD-17
Ct No.09
24.08.2023
TN
                           WPA No. 3792 of 2023

                         Fabian Ricklin, alias Ranabir
                                     Vs.
                        State of West Bengal and others


             Ms. Jhuma Sen,
             Ms. Trisha Saha,
             Mr. Dinesh Vishwakarma
                                                 .... for the petitioner

             Mr. Pranit Bag,
             Mr. Sourav Chunder,
             Mr. Anuj Kr. Mishra,
             Mr. Souvik Mitra
                                         .... for the respondent no. 5

Mr. A.B. Datta, Mr. Mukhesh Kr. Gupta .... for the respondent no.6

The petitioner has raised an arguable question

as to whether in terms of the ratio laid down in

Lakshmi Kant Pandey vs. Union of India, reported at

(1984) 2 SCC 244, read in the spirit of the governing

International Treaties and Resolutions, in the context

of the Adoption Regulations, 2022, the petitioner has

a right to know the identity of her biological parents.

In the facts of the present case, a Swiss couple

adopted the petitioner as long back as in the year

1988. Being an older adoptee, the petitioner now

seeks to know the identity and whereabouts of his

biological parents. The petitioner, for such purpose,

has engaged a constituted attorney. It is submitted

that it has been held by a Division Bench of the

Bombay High Court in the unreported judgment of

Beena (Leena) Makhijani Muller vs. The Commissioner,

Department of Women & Child Development,

Maharashtra & Ors. delivered on October 09, 2019

that, within the contemplation of Regulation 44(6) of

the 2022 Regulations, a constituted attorney of the

adopted person himself or herself cannot be treated to

be a stranger within the contemplation of the said

provision.

However, the petitioner's endeavour to get the

whereabouts of her biological parents has not

fructified till date.

Learned counsel appearing for the respondent

no.5 submits that the respondent no.5 has not yet

been able to trace out the concerned records regarding

the petitioner's adoption. However, the said

respondent assures court that it will make all efforts

to trace out the records.

Accordingly, before passing any substantial

orders in the writ petition, which is, as yet, not

adversarial in nature as such, the respondent no.5 is

directed to file a report on the next returnable date

indicating whether the records of the adoption of the

petitioner could be traced out. In the said report, in

the event the said records are traced out, the

respondent no.5 shall also indicate as to whether

there is any specific clause in the surrender deed or

other connected documents, where the biological

parents had specifically requested their privacy to be

protected.

An advance copy of the said report shall be

served on the learned Advocate-on-record for the

petitioner before the next returnable date.

The matter shall next be listed on September 12,

2023 under the heading "Upgraded Matters" for

passing further orders and for filing of the report.

(Sabyasachi Bhattacharyya, J.)