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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
RAVINDRA V.GHUGE, ABHAY J.MANTRI
Mangesh Bhaskarrao Manwatkar – Appellant
Versus
Union of India – Respondent
JUDGMENT :
RAVINDRA V. GHUGE, J.
“ADOPTING ONE CHILD WILL NOT CHANGE THE WORLD:
BUT FOR THAT CHILD, THE WORLD WILL CHANGE”
[Opening sentence from PKH v. Central Adoption Resource authority , 2016 SCC OnLine Del 3918]
1. Rule. Rule made returnable forthwith and heard finally by consent of the parties.
2. Petitioner Nos. 1 and 2 are a married couple. Both are about 44 years of age. Petitioner No. 2, the wife, has sworn the verification in support of the Petition. Petitioner No. 3 is a minor girl child who was adopted by the couple when she was 45 days old under the Hindu Adoptions and Maintenance Act, 1956 (hereinafter referred to as ‘HAMA’).
3. For the sake of brevity, Petitioner No. 1, Petitioner No. 2, and Petitioner No. 3 are hereinafter referred to as the adoptive father, the adoptive mother, and the adopted daughter, respectively.
4. The couple got married on 01.03.2017 at Navi Mumbai Sports Association, Vashi, Navi Mumbai. Both were Indians at the time of their marriage. Their marriage certificate is dated 03.03.2017, registered under the Maharashtra Regulation of Marriage Bureaus and Registration of Marriages Act, 1998.
5. The adoptive father became an Australian citizen with effect
Post-2022 HAMA relative adoption by parents with foreign citizenship treated as expatriate: District Magistrate verifies under Reg 69, Authority issues NOC under Reg 70 without receiving country prio....
The main legal point established in the judgment is that the adoption process for Inter-Country Adoption must comply with the Hague Convention and the Regulations for Inter-Country Adoption, and the ....
Inter-country adoptions under HAMA require a No Objection Certificate from CARA, and the Juvenile Justice Act does not apply to such direct adoptions, creating a need for procedural clarity.
Cross-border adoption of child is permissible if petitioners are having valid Court orders.
The Juvenile Justice Act does not cover adoption procedures for foreign citizens, emphasizing the necessity of local law compliance for such adoptions.
Point of Law : Procedure for inter-country adoption of an orphan or abandoned or surrendered child - Required Certificate of Adoption is issued by Registrar General of this Court with photographs of ....
The court determined that valid adoption requires adherence to statutory procedures, emphasizing that improper procedures invalidate adoption claims, stressing child welfare and anti-trafficking laws....
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