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1995 Supreme(SC) 655

B.L.HANSARIA, R.M.SAHAI
Sumanlal Chhotalal Kamdar – Appellant
Versus
Asha Trilokbhai Shah – Respondent


Advocates:
C.H.PATEL, K.V.SRI KUMAR, KAMINI JAISWAL, M.N.SHROFF, N.K.SAHU, P.H.Parekh, RIMA BHANDARI, S.GANESH RAO, Smriti Mishra

JUDGMENT

R. M. SAHAI, J. - An important question in relation to the adoption of infants from orphanages or ashrams by foreign nationals is raised by the appellants, who claim to be social workers. They approached the High Court, invoked its appellate jurisdiction against the order passed by the District Judge, Rajkot, allowing the application filed by Superintendent, Kathiawar Nirashrit Balashram as power of attorney holder of a Norwegian couple under Section 7 of the Guardians and Wards Act, 1890 and appointing the Norwegian couple as the guardian of the child with certain conditions mentioned in the order. By the time the appeal came up for hearing, the law of adoption by foreign nationals was streamlined by this Court in two decisions; Lakshmi Kant Pandey v. Union of India and Laxmi Kant Pandey v. Union of India. The learned Single Judge, therefore, after examining the conditions imposed by the District Judge held that the guidelines laid down by this Court had been scrupulously followed. The order was maintained in appeal as well.

2. The guidelines laid down by the Court are quite exhaustive. What is urged is that they are not being carried out either in letter or spirit. It is,

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