UNION OF INDIA Vs. MR. ANKUR GUPTA

JUDGEMENT

(1.) The Writ Appeal is filed by the Union of India, represented by the Ministry of Women and Child Development, appellant No.l, and by the Central Adoption and Resources Agency ('CARA', for short), the appellant No.2. The writ appeal is listed, in the category of 'Orders', on interim application, namely, I.A.No.2/2018, filed by the appellants. Simultaneously, the contempt petition, namely CCC No. 1690-1691/2018 filed by the second and third respondents is also listed today. But, with the consent of the learned counsel for the parties, both the writ appeals, and the contempt petitions are taken up for final disposal.

(2.) The brief facts of the case are that after completing his studies from the Indian Institute of Technology and India Institute of Management, Ahmedabad, in the year 2000, Mr. Ankur Gupta, the respondent No.l, migrated to United States of America ('USA' for short). In 2004, Ms. Geetika Agarwal, the respondent No.2 went to USA for her Ph.D. During their stay in USA in June, 2006, the respondent Noc.l and 2 got married. They stayed in USA for a decade. They returned to India in 2016. While staying in USA, the respondent No.2 became an American Citizen; the respondent No.l applied for American citizenship. However, till 2016, when the couple returned to India, the respondent No.l was not given the American Citizenship. Moreover, even after ten years of marriage, the couple was not blessed with any children. Therefore, upon their return to India, they eventually planned to adopt an Indian child.

(3.) According to the Guidelines governing Adoption of Children, 2015 (' the Guidelines, 20IS, for short), a couple, one of whom is an Indian Citizen, could register for the purpose of adopting a child as Indians in India', despite the fact that the other partner is a non-Indian Citizen. Since the respondent No.l continued to be an Indian Citizen, while the respondent No.2 was U.S. citizen, the couple (the respondent No. 1 and 2) registered themselves for adoption on 19.7.2016 as 'Indians living in India' in accordance with Guideline No.15 of the Guidelines, 2015.