MASSOUD HADJIAHMAD Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) BY means of this writ petition, moved under Article 226 read with Article 227 of the Constitution of India, the petitioners have sought writ in the nature of certiorari quashing the order dated 29. 02. 2008, passed by Civil Judge (Senior division)/ Fast Track Court, Almora, in Suit No. 12 of 2008, whereby said court has directed the plaint be returned to the petitioners for presentation before the competent court.

(2.) HEARD learned counsel for the parties.

(3.) BRIEF facts of the case are that the petitioner no. 1 massoud Hadjiahmad and petitioner no. 2 Mrs. Maheshwari sharma are husband and wife. They are issue less couple and citizens of Canada. Petitioner No. 2 originally belongs to district pithoragarh in the State of Uttarakhand. They moved a petition under the Juvenile Justice (Care and Protection of Children)Act, 2000, for adoption of minor child Palak, who is living in children's home, Almora (Rajkiya Shishu Bal Grah, Karnataka khola, Almora ). On behalf of respondents there is no objection to the adoption sought by the petitioners as the petitioners fulfilled all the required conditions for the adoption of the child. However, the trial court took the view that under Section 41 of the aforesaid Act, it is the Board (Juvenile Justice Board) which is empowered to give the child in adoption, as such the suit is not cognizable by the Civil Judge (Senior Division) / Fast Track court, hence the order directing the return of the plaint to the petitioners for presentation before the competent court, was passed.