MASTER DIVYANSH ARORA MINOR Vs. UNION OF INDIA

JUDGEMENT

(1.) By this petition, the petitioner seeks a direction in the nature of mandamus thereby directing the respondents to issue directions to the respective Visa Issuing Authorities that Certificate from Central Adoption Resource Authority (CARA) is not mandatory in view of an order of a Court under Hindu Adoptions and Maintenance Act, 1956 (hereinafter referred to as 'the HAMA Act') from a Competent Court and further for a direction to respondent No. 3, i.e., Ministry of External Affairs to issue a passport to the petitioner.

(2.) The petitioner was born on 15.01.2004. The biological parents of the petitioner are Shri Raj Kumar Arora and Smt Neeru Arora. The petitioner was adopted by his paternal uncle and aunt, i.e., the elder brother of Shri Raj Kumar Arora and his wife, namely, Shri Dalip Kumar Arora and Smt Vaishali Arora. Formalities and ceremonies for adoption were performed on 26.01.2015. A registered Adoption Deed was executed on 27.01.2015. The adoptive parents, who were married since 11.07.2008, did not have any child despite undergoing various medical procedures. The adoption of the petitioner was ratified by the Court of District and Sessions Judge (West), Tis Hazari Courts, Delhi, in a Guardianship Petition No. 01/2015 by judgment dated 28.05.2015.

(3.) The adoptive parents of the petitioner are German citizens with Overseas Citizen of India (OCI) status and live in Hannover, Germany.