Jigneshkumar Gopaldas Parikh vs Union Of India
2023 Latest Caselaw 6731 Guj

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     C/SCA/6365/2023                                 ORDER DATED: 13/09/2023

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       IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         R/SPECIAL CIVIL APPLICATION NO. 6365 of 2023

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             JIGNESHKUMAR GOPALDAS PARIKH
                         Versus
                     UNION OF INDIA
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Appearance:
MR RAMNANDAN SINGH(1126) for the Petitioner(s) No. 1,2
MR. KSHITIJ AMIN, STANDING COUNSEL FOR Respondent(s) No.
1,2
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 CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

                             Date : 13/09/2023

                               ORAL ORDER

1. Heard Mr. Ramnandan Singh, learned advocate

appearing for the petitioners and Mr. Ksitij Amin, learned Central

Government Standing Counsel appearing for the respondents-

Union of India.

2. By way of the present petition, petitioners herein

have prayed for the following reliefs:

"(A) Your Lordships may be pleased to admit and allow the present petition.

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(B) Your Lordships may be pleased to issue writ of mandamus or any other appropriate writ, order and be pleased to quash and set aside impugned letter/communication dated 30.11.2022 is passed by respondent no. 2 in the facts and circumstances of the case Annexure-L; (C) Your Lordships may be pleased to direct the respondent No.2 to issue No Objection certificate to the adoptive parents i.e. petitioners for taking their child to Australia and also be pleased to issue direction to respondent no. 1 i.e. Passport authority to issue passport to minor Krish Parikh considering the paramount interest and welfare of the child and peculiar facts and circumstances of this case.

(C) Your Lordships may be pleased to pass any other order, direction or relief, which may be deemed fit in the facts and circumstances of the present case."

3. By way of preferring the present petition, the

petitioners herein have challenged the impugned communication

dated 30.11.2022, duly produced at Page-101, Annexure-L,

wherein, the respondent no.2 directed the petitioners herein to

follow the procedure as laid down under Chapter-VIII of the

Adoption regulations (Regulation 68, 69 and 70), with respect to

the adoption deed registered after 17.09.2021.

4. The petitioners herein are the adoptive parents of

minor Krish Parikh and has been issued birth certificate by the

Vadodara Municipal Corporation dated 15.02.2022. The

petitioners herein are in receipt of valid decree with respect to

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the adoption passed by the 7th Additional District Judge,

Vadodara in Civil Misc. (Adoption) Application No. 42 of 2022

vide judgment and order dated 17.08.2022 and the petitioners

herein were declared as legal parents and it was directed that

parents have to take care of maintenance, welfare, future

education and betterment of minor Krish, copy of the said

judgment and order is duly produced at Annexure-E, operative

order is at Page-58, which is duly verified by the District

Magistrate, Vadodara, which is duly produced at Page-62. Mr.

Ramnandan Singh, learned advocate however, fairly submitted

that, though the same has been verified by the District

Magistrate, it is an undated certificate.

5. Mr. Ramnandan Singh, learned advocate submitted

that Central Government through Ministry of Women and Child

Development issued dated 23.09.2022, in exercise of the powers

conferred under clause (c) of section 68 r/w. clause (3) of section

2 of the Juvenile Justice (Care and Protection of Children) Act,

2015 (2 of 2016) and in supersession of the Adoption

Regulations, 2017, wherein, Regulation Nos. 68, 69 and 70,

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which are duly produced at Page-102, are required to be

followed for inter-country adoption. The petitioners herein are

the residents of Australia and adopted minor Krish, who is an

Indian resident. In view thereof, the respondent authority

communicated to the petitioners herein to submit adoption

documents through CARA (Central Adoption Resource Authority)

with conformity certificate.

6. In the aforesaid set of facts, Mr. Ramnandan Singh,

learned advocate appearing for the petitioners herein submitted

that the petitioners would approach the respondent no.2, by

following due procedure under Regulation Nos. 68, 69 and 70 of

the Juvenile Justice (Care and Protection of Children) Act, 2015.

However, submitted that the aforesaid be considered by the

competent authority, as expeditiously as possible.

7. Mr. Kshitij Amin, learned Central Government

standing counsel appearing for the respondents herein fairly

submitted that once such an application is preferred before the

respondent no.2 and on due compliance with the procedure as

required under Regulation Nos. 68 and 69 of Juvenile Justice

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(Care and Protection of Children) Act, 2015, considering the facts

of the present case, the respondent no.2 would undertake the

exercise under Regulation No.70 of the Act, 2015, within a

period of two weeks.

8. Mr. Ramnandan Singh, learned advocate submitted

that the petitioners would prefer an application before the no.1.

If the same is preferred, the same be considered by the

respondent authority, in accordance with law.

9. In view thereof, Mr. Ramnandan Singh, learned

advocate appearing for the petitioners, does not press the present

Petition.

10. The petition stands disposed of, accordingly.

Direct service is permitted.

(VAIBHAVI D. NANAVATI,J) Pradhyuman