IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 15710 of 2025 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK ==========================================================

Approved for Reporting Yes No ==========================================================

AKSHAY PITAMBER SARVAKAR & ANR.

Versus CENTRAL ADOPTION RESOURCE AUTHORITY & ORS.

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Appearance:

MR PUNIT B JUNEJA(3972) for the Petitioner(s) No. 1,2 MR NIKUNJ KANARA AGP for the Respondent(s) No. 2,3 MRS KRISHNA G RAWAL(1315) for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE HEMANT M.

PRACHCHHAK Date : 12/03/2026

JUDGMENT

1. RULE returnable forthwith. Learned counsels for the respondents waives service of notice of rule on behalf of the respondents. With the consent of the learned counsels for the respective parties, the present petition is taken up for final hearing today.

2. The present petition is filed by the petitioner under Articles 226 of the Constitution of India read with the provisions of the Hindu Adoption and Maintenance Act, 1956 (HAMA) and in the matter under Adoption Regulations 2017/2022 issued by the Ministry of Women and Child Development, Government of India seeking following reliefs:

“a) Issue a writ of mandamus or appropriate direction to Respondent No. 1 (CARA) to register the Petitioners' concluded HAMA adoption ex post facto under Adoption Regulations and/or to open the inter-country file on the basis of the registered adoption deed and Indian identity documents, and to process and issue the No-Objection Certificate and, as applicable, the Conformity Certificate under Article 23 of the Hague Convention or a Support Letter in the non-Hague route;

b) Issue a writ of mandamus or appropriate direction to Respondent No. 2 (District Magistrate, Gandhinagar) and Respondent No 3 to conduct the inquiry on the registered Hindu Adoption and Maintenance Act (HAMA)- adoption deed and to issue a verification/adoption order and certificate in the prescribed format, recording validity under Hindu Adoption and Maintenance Act, 1956 in the best interests of the minors;

c) Pending the above, direct Respondent No. 1 to issue an interim endorsement/letter acknowledging the concluded HAMA adoption and the status of the Petitioners as parents as per Indian records, to be placed before the Australian authorities, without prejudice to the final NOC/Support-Conformity issuance. d) Grant such other and further reliefs as the facts and circumstances of the case warrant in the interest of justice and paramount welfare of the children.”

3. Brief facts giving rise to the present petition are that, twin minor girls namely Raadhya and Raavya were born on 22.02.2022. The biological mother of the twins Dr. Dipti Pitamber Sarvakar, the sister of the petitioner No.1 passed away on next day of the birth of the twins i.e. on 23.02.2022 and, therefore, the biological father of the twins, Mr. Nihar Gajaria decided to hand over the minor twins to the present petitioner who was ready and willing to adopt both the daughters and the petitioner has lawfully accepted both the children by way of executing adoption deed. The necessary entry was also mutated in the record that the petitioners are now the adoptive parents of both the minor girls and on 29.09.2022, the adoption deed was executed which was registered before the Sub-Registrar, Gandhinagar bearing registration no. 43572 of 2022 and on the basis of the adoption deed, the birth certificate of the minors Raadhya and Raavya were issued, the name of the parents was corrected and the new certificate was issued showing the name of the present petitioners as the parents of the minors on the basis of the adoption. As the adoptive parents are immigrants and residing in the State of Victoria, Australia, the Australian authorities have asked for the verification/adoption order and certificat