ANOKHA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Leave granted.

(2.) Baby Alka Singh is the daughter of Smt. Anokha and Sumer Singh Yadav. Sumer Singh Yadav was a taxi driver. The respondent Nos. 2 and 3 are Italian nationals. During their frequent visits to India either singly or jointly for the last 20 years, they used Sumer Singh's taxi to tour the country. About three years ago, Sumer Singh died as a result of an accident which took place after he had dropped the respondent Nos. 2 and 3 at their destination. Sumer Singh and Anokha, the appellant before us, had six children, five of whom were girls. After Sumer Singh's death, the respondent Nos. 2 and 3 who at that point of time had no children of their own wanted to adopt one of the girls viz., Baby Alka. Smt. Anokha agreed.

(3.) In January 2001, a petition was filed by the respondent Nos. 2 and 3 under Sections 7, 10 and 17 of the Guardians and Wards Act, 1890 in the Court of District Judge, Alwar in which it was stated inter alia that they were issue-less, that they were responsible citizens, that they have their own business and have a very good income, that they own movable and immovable properties in Italy, that they would love and look after the well-being of Baby Alka and provide her the best education and milieu at Italy. In support of their application, the respondent Nos. 2 and 3 filed the following material before the District Judge :