U. AJAY KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners, husband and wife are before this Court seeking a direction by issuance of a writ in the nature of mandamus to consider their representation dtd. 20/6/2023 made for the purpose of issuance No Objection Certificate ('NOC') and Conformity Certificate in favour of their adopted child in terms of Adoption Regulations, 2022 for Inter-Country Relative Adoption.

(2.) The facts, adumbrated, are as follows:- The petitioners are husband and wife. The 1st petitioner/ husband is presently employed in Frankfurt, Germany and the wife is a resident of this nation - Bengaluru. Both the petitioners are citizens of India. Owing to the desire of adopting a child, as the petitioners did not have any issue from the wedlock for long years, the couple adopted a girl child of one Smt. S.Rashmi in the presence of relatives and friends. Smt. S. Rashmi gave her child in adoption by executing an adoption deed on 29/3/2023 before the Office of the Sub-Registrar, Chikkaballapura as the child was born in Chikkaballapura and the mother of the child was a resident of Chikkaballapura. Upon registration of adoption deed, as required in law, verification was done by the Deputy Commissioner and a certificate of verification was also issued along with the recommendation that adoption of the child being valid necessary action be taken upon the said adoption. The petitioners then seek issuance of an NOC and a conformity certificate in favour of adoption of the child by presenting it before the District Child Protection Unit. The District Child Protection Unit has not considered the request and has not issued an NOC as also conformity certificate of adoption. The petitioners have sent plethora of emails seeking issuance of NOC and conformity certificate. It is, therefore, the petitioners are before this Court seeking a direction for their issuance.

(3.) Heard Sri S. Rohan, learned counsel appearing for the petitioners and Sri H. Shanthi Bhushan, learned Deputy Solicitor General of India appearing for the respondent.