NRIPEN SARKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mrs. M Barman, the learned counsel appearing on behalf of the petitioners and Mr. S Sahu, the learned Amicus Curiae in the matter. Mr. D Nath, the learned Senior Government Advocate, Assam appears on behalf of the respondent authorities and Mr. M Islam, the learned counsel, who appears on behalf of the respondent No.7.

(2.) Pursuant to the order passed by this Court on 15/5/2025, the instant proceedings was taken up in-camera in presence of the respondent No.7, who is the biological mother of the child namely, Master Uday Sarkar as well as the petitioners. During the said interaction, the respondent No.7 stated before this Court that she was the victim of rape and due to the said incident, she got pregnant and gave birth to a male baby on 28/4/2023. She further stated that as she was an unmarried girl and having no source of income and, as such, she along with her parents had decided to give the child in adoption to the petitioners, who were the near relatives of the respondent No.7. She further stated that the petitioners were the maternal uncle and maternal aunt of the respondent No.7. The petitioners, who were also present before this Court stated that since the birth of the child, they have been taking care of the child. To formalize the said adoption on 26/5/2023, the respondent No.7 had executed an Adoption Deed in favour of the petitioners, wherein the parents of the respondent No.7 were the witnesses. Further to that the Respondent No.7 alongwith her parents had handed over the child to the petitioners who thereupon had raised the child as their own with great love and affection.

(3.) During the course of the hearing, this Court had also enquired with the respondent No.7 in respect to the said Deed of Adoption dtd. 26/5/2023 and she submitted that she along with her parents had decided to give in adoption the child to the petitioners herein. It was also informed to this Court that as the child was given on adoption on 26/5/2023 by following the mandate of the Hindu Adoptions and Maintenance Act, 1956 (for short, 'the Act of 1956') in the birth certificate of the child, the names of the petitioners have also been reflected.