AKSHAY PITAMBER SARVAKAR Vs. CENTRAL ADOPTION RESOURCE

JUDGEMENT

(1.) RULE returnable forthwith. Learned counsels for the respondents waives service of notice of rule on behalf of the respondents. With the consent of the learned counsels for the respective parties, the present petition is taken up for final hearing today.

(2.) The present petition is filed by the petitioner under Articles 226 of the Constitution of India read with the provisions of the Hindu Adoption and Maintenance Act, 1956 (HAMA) and in the matter under Adoption Regulations 2017/2022 issued by the Ministry of Women and Child Development, Government of India seeking following reliefs:

(3.) Brief facts giving rise to the present petition are that, twin minor girls namely Raadhya and Raavya were born on 22/2/2022. The biological mother of the twins Dr. Dipti Pitamber Sarvakar, the sister of the petitioner No.1 passed away on next day of the birth of the twins i.e. on 23/2/2022 and, therefore, the biological father of the twins, Mr. Nihar Gajaria decided to hand over the minor twins to the present petitioner who was ready and willing to adopt both the daughters and the petitioner has lawfully accepted both the children by way of executing adoption deed. The necessary entry was also mutated in the record that the petitioners are now the adoptive parents of both the minor girls and on 29/9/2022, the adoption deed was executed which was registered before the Sub-Registrar, Gandhinagar bearing registration no. 43572 of 2022 and on the basis of the adoption deed, the birth certificate of the minors Raadhya and Raavya were issued, the name of the parents was corrected and the new certificate was issued showing the name of the present petitioners as the parents of the minors on the basis of the adoption. As the adoptive parents are immigrants and residing in the State of Victoria, Australia, the Australian authorities have asked for the verification/adoption order and certificate from the District Magistrate based on the registered adoption documents registered under the Hindu Adoption and Maintenance Act, 1956, a No Objection Certificate and Support/Conformity Certificate from CARA i.e. respondent No.1 as per the requirements of the Australian government. Hence, the petitioner submitted a detailed representation on 11/9/2025 to respondent NO.1 with copy to respondent No.2 with all the necessary documents seeking registration and ex post facto recognition under Chapter IV-A (as inserted by the government notification published in Gazette on 17/9/2021), CARA's NOC and Support/Conformity Certificate, and District Magistrate's verification/adoption order and certificates. All the relevant necessary documentary evidences were produced along with the application seeking certificates from the authority and on the basis of that application, respondent No. 1 informed that the process has to be initiated from the receiving country through it's programme/portal. That, in absence of timely action by respondents - Central Adoption Resource Authority (CARA) and District Magistrate, Gandhinagar, the children's immigration processing is held up and hence, the present petition has been preferred by the present petitioner.