SACHIN DATTA, J. (Oral)

1. The present petition has been filed by the petitioners seeking that the respondent no. 2 [Central Adoption Resource Authority (CARA)] be directed to issue a ‘No Objection Certificate’ (NOC) for taking the petitioner no. 2 to Australia pursuant to the adoption of the petitioner no. 2 by the petitioner no. 1 and her husband.

2. The petitioner nos. 3 and 4 are the biological parents of the petitioner no. 2. The petitioner no. 1 is the adoptive mother of the petitioner no. 2. The petitioner no. 5 is the grandmother of the petitioner no. 2.

3. The petitioners belong to a Sikh family; the adoptive father [husband of the petitioner no. 1] is the elder brother of the biological father [petitioner no. 4]. The petitioner no. 1 and her husband (adoptive parents) are citizens of Australia. The petitioner no. 1 and her husband got married in the year 2014. They do not have a biological child. On the other hand, the petitioner nos. 3 and 4, who previously had a biological son, had given birth to the petitioner no. 2 on 22.01.2020.

4. It is stated that the petitioner no. 1 came to India on 20.01.2020 and was present in the hospital at the time of the birth of the petitioner no. 2, and was involved in taking care of the newly born child, i.e. the petitioner no. 2.

5. It was agreed within the family that the petitioner nos. 3 and 4 would give the petitioner no. 2 in adoption to the petitioner no. 1 and her husband, with free consent and without any fear and favour. The petitioner no. 5, the mother of the biological parents and the adoptive parents, as also other family members, agreed without making any objection regarding the adoption.

6. It is submitted that on 17.02.2020, the adoptive father came to India to perform the necessary rituals for the adoption of the petitioner no. 2.

7. On 27.02.2020, an adoption ceremony was organized as per Sikh rituals and customs in Gurudwara Sahid Mai Veero Bhai Bhagtu Ji situated in village Chak Ram Singh Wala, wherein the petitioner nos. 3 and 4 put the petitioner no. 2 in the lap of the petitioner no. 1 and her husband.

8. The adoption certificate was issued by the aforementioned Gurudwara on the same date, and it reads as under :-

GURUDWARA SAHIB MAI VEERO BHAI BHAGTU JI

PIND CHAK RAM SINGH WALA JILA BATHINDA

Ref No: 2722020/0001 Date: 27.02.2020

ADOPTION CERTIFICATE

TO WHOME SOEVER IT MAY CONCERN

It is to certify that today on 27.02.2020, adoption of Alambir Singh Sidhu (DOB-22.01.2020) has been solemnized in this Gurudwara Sahib, before Shri Guru Granth Sahib Ji as per Sikh customs by the natural parents - Jaspal Singh Sidhu S/o Harbhajan Singh S/o Kikkar Singh and Sharanjeet Kaur W/o Jaspal Singh Sidhu S/o Harbhajan Singh, R/o Village Chak Ram Singh Wala, District Bathinda and adopted Parents - Iqbaljeet Singh Khalsa Sidhu S/o Harbhajan Singh S/o Kikkar Singh and Jasleeniqbal Sidhu W/o Iqbaljeet Singh Khalsa Sidhu S/o Harbhajan Singh, R/o 10, Vargon Circuit, Holmview, Queensland, Australia, 4207. Jaspal Singh Sidhu is the real younger brother of Iqbaljeet Singh Khalsa Sidhu and they are in blood relation. Sharanjeet Kaur Sidhu and Jaspal Singh Sidhu has two sons and Jasleeniqbal Sidhu and Iqbaljeet Singh Khalsa Sidhu has no child. Jasleeniqbal Sidhu and Iqbaljeet Singh Khalsa Sidhu want to adopt Alambir Singh Sidhu and Sharanjeet Kaur Sidhu and Jaspal Singh Sidhu also agree for this. All the religious ceremonies of this adoption were completed in this Gurudwara Sahib by both the parties in the presence of their relatives, neighbors and respectable community members wherein Jaspal Singh Sidhu and Sharanjeet Kaur Sidhu gave their younger son Alambir Singh Sidhu permanently in adoption and placed him in the lap of Iqbaljeet Singh Khalsa Sidhu and Jasleeniqbal Sidhu. Jaspal Singh Sidhu and Sharanjeet Kaur agree that they will not have any right to take the child back and Iqbaljeet Singh Khalsa Sidhu and Jasleeniqbal Sidhu undertake to maintain and look after the study and fut