Aggrieved by the order dated 17.06.2022 passed by

the Court of XXVI Additional City Civil and Sessions Judge at

Mayo Hall, Bengaluru in Misc No.25042/2022, the present

civil revision petition is filed.

The instant petition pertains to adoption of a girl

by name Sai Gayathri. She was born on 05.03.2004 and

her mother died on 04.12.2005. Her father is an alcoholic

person and his present whereabouts is not known and

abandoned the girl - Sai Gayathri. Hence, she has been

brought up by her paternal grandparents and it is said that

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her paternal grandfather died in the year 2017 and she is

being looked after by her paternal grandmother. As the

grandmother is aged about 80 years, not being in a position

to look after the girl any longer requested her elder

daughter to take care of the girl, for which she agreed.

Petitioner No.3 is the grandmother of the girl - Sai Gayathri

and petitioner Nos.1 and 2 are her uncle and aunt.

Petitioner Nos.1 and 2 are of Indian origin and are presently

citizens of United Kingdom and are desirous of adopting the

girl - Sai Gayathri. Hence, they initiated necessary

proceedings as contemplated under the law in both India as

well as in the United Kingdom to formally adopt the girl -

Sai Gayathri. When the proceedings were initiated, the girl

was a minor and as per the provisions of the Juvenile

Justice (Care and Protection of Children) Act, 2015 (for

short 'the Act'), she could have been adopted by petitioner

Nos.1 and 2. After necessary background check, the

Authorities concerned in India i.e., Central Adoption

Resource Authority (CARA) has issued necessary 'No

Objection Certificate' stating that the minor child - Sai

Gayathri can be adopted by petitioner Nos.1 and 2. The said

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certificate is dated 02.03.2022 and when the same was

issued, the girl was still a minor. Subsequently, the counter

part of CARA in United Kingdom as per the Hague

Convention

which

is

Inter-country

Adoption

Team,

Department of Education in United Kingdom as on

07.03.2022 i.e., two days after the girl child attained

majority has issued the necessary letter to the petitioner

Nos.1 and 2 permitting them to adopt the girl. Thereafter,

as per the requirements under the Act and the Rules made

thereunder, the petitioners filed Misc.No.25042/2022 on the

file of XXVI Additional City Civil and Sessions Judge,

Mayohall, Bengaluru, seeking necessary order of adoption

from the Court. The trial Court in the impugned order

examined the procedure adopted by the petitioners and has

held

that

they

have

complied

with

all

necessary

requirements to adopt the girl. However, as on the date of

filing the petition, the girl child had attained majority and

was no more a child, dismissed the petition. Aggrieved by

the said order, the instant petition is filed.

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It is contended by the petitioners that the

necessary procedures except for obtaining the orders from

the trial Court have been complied and relevant Authority

CARA had given the necessary permission before the girl

child attained majority. Thereafter, the counter part of

CARA in United Kingdom knowing fully well that the girl had

crossed the age '18', taking into consideration the

requirement of the girl child for care and protection, has

approved the adoption. It is submitted that the trial Court

erred in not appreciating the fact that the necessary

permission has been obtained from CARA prior to child

obtaining the age of majority, has erroneously dismissed

the petition.

4.

Admittedly, the procedure for adopting the girl

was commenced before the Authorities concerned much

prior to she attaining the majority. After due enquiry into

the suitability of the child being adopted by a relative

residing abroad, CARA has given the necessary 'No

Objection Certificate' permitting the girl to be adopted by

the petitioner Nos.1 and 2. Even though the girl had

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crossed the age of '18', when the counter part of CARA in

United Kingdom issued the Certificate, it did not prevent