SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2022 Supreme(Del) 2052

IN THE HIGH COURT OF DELHI
Yashwant Varma, J.
Michelle Camilleri - Appellant
Versus
Central Adoption Resource Authority - Respondent
W.P.(C) 14069 of 2022 & CM Appl. 42954 of 2022 (Interim Relief), CM Appl. 44913 of 2022, CM Appl. 48292 of 2022 (Impleadment)
Decided On : 25-11-2022

Headnote:(A) Juvenile Justice (Care and Protection of Children) Act, 2015 - Sections 38 and 58 - Adoption Regulations, 2017 and 2022 - Challenge to communication from Central Adoption Resource Authority (CARA) requires stay on withdrawal of adoption petition pending investigation of complaints, with no valid reasons provided by CARA for such action. (Paras 1-4, 58)

(B) Best interests of the child - Primacy of child’s welfare confirmed; impatience and emotional attachment of prospective adoptive parents do not confer rights to select specific child, nor do parents possess right to adopt specific child. (Paras 39-42, 46)

(C) Evidence of procedural compliance - Adoption process followed regulations, wherein the right to reserve adoption of child exists, but no right to select particular child granted to adoptive parents; child placed for inter-country adoption without violation of legal procedure. (Paras 44-47, 57)

Facts of the case:
Writ petition filed against CARA's communication directing withdrawal of an adoption petition and detailing a complaint about child 'S'. Child 'S', found abandoned in 2019, categorized as having special needs and adopted by petitioners after requisite procedures were followed, during which no Indian resident applied for adoption prior to inter-country placement.

Findings of Court:
Challenges to CARA's communication were quashed; adoption process can proceed.

Issues: Examination of legal compliance in the adoption process and rights conferred on prospective adoptive parents.

Ratio Decidendi: Adoption regulations do not confer a right on prospective adoptive parents to select a child; process must subserve the best interests of children.

Result: Writ petition allowed; order for expeditious completion of adoption process issued.

Table of Content
1. challenge to cara's communication on adoption (Para 1 , 2)
2. court's orders on adoption proceedings (Para 3 , 4)
3. medical condition of child s (Para 5 , 6 , 7)
4. adoption timeline and legal status of child s (Para 8 , 9 , 10)
5. complaints regarding adoption process (Para 11 , 12 , 13)
6. arguments regarding complaint and adoption rights (Para 19)

ORDER

Yashwant Varma, J.

    "The beggarly question of parentage--what is it, after all? What does it matter, when you come to think of it, whether a child is yours by blood or not? All the little ones of our time are collectively the children of us adults of the time, and entitled to our general care...." Thomas Hardy, "Jude the Obscure"

1. This writ petition challenges the communication dated 10 August 2022 issued by the Central Adoption Resource Authority [CARA] informing the Specialized Adoption Agency [SAA] concerned and where Child "S" presently stands housed, of a complaint which had been received by the National Commission for Protection of Child Rights [NCPCR] alleging violation of the adoption regulations which apply. CARA in terms of that communication apprised the SAA that till the aforesaid complaint is investigated, it should withdraw the Adoption Petition No. 1248/2022 which had been presented before the competent court.

2. Taking note of the challenge which stood raised in the writ petition, the Court on 28 September 2022 had passed the following order:

    "1. Notice. Although the respondents are stated have been placed on advance notice, none has appeared on their behalf when the matter was called. Consequently, let learned counsel for the petitioner take steps for service on the said respondents through all permissible modes including via approved courier service as well as dasti.

    2. The Court notes that in terms of the communication which stands impugned in the present writ petition, the Central Adoption Resource Authority ["CARA"] has issued directions not only for an investigation being initiated but for the adoption petition itself being withdrawn from the Court where it was pending. The aforesaid directions appear to have been issued pending CARA examining and investigating a complaint which is stated to have been received. The record would further reflect that after completion of all formalities, CARA itself had proceeded to issue the No Objection Certificate on 15 March 2022. Presently the impugned communication does not record any valid or legally justifiable reasons which may have compelled or constrained CARA to commence an investigation or warranted the withdrawal of the adoption petition itself.

    3. In view of the aforesaid and bearing in mind the advanced stage to which the adoption process had reached, let the petition be called again on 13 October 2022.

    4. Till the next date of listing the direction as contained in the impugned order dated 10 August 2022 for withdrawal of the adoption petition shall remain stayed. The Court additionally restrains CARA from taking any steps for unmatching the petitioner from the child which was to be taken in adoption. The concerned Court before which the adoption petition is pending shall also stay its hands pending further orders being passed on the present writ petition.

    5. CARA shall additionally place on the record a report with respect to the welfare of the child in question.

    6. Dasti under signatures of the Court Master."

3. Thereafter and when the matter was taken up on 17 October 2022, the petitioners moved a miscellaneous application for appropriate directions in light of the material which had been placed on the record and which indicated that unauthorized third parties had been granted access to the child. The material indicated that in the course of those interactions, photographs of Child "S" were taken and thereafter posted online on various social media platforms. Taking cognizance of the allegations which stood levelled, the Court on 17 October 2022 passed the following order:

    "CM APPL. 44982/2022 (

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top