JASMEEN KAUR Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) This petition is filed by a minor through her mother, Harpreet Kaur Saini, for seeking a direction to the respondents to take appropriate measures to re-unite the petitioner with her natural mother who lives in Australia.

(2.) In brief, the petitioner, namely, Jasmeen Kaur, aged 13 years, was born from the wedlock of Parminder Singh Saini and Harpreet Kaur Saini (for short ' the natural parents'). Learned counsel for the petitioner has submitted that there was a divorce between the natural parents and as a result thereof, petitioner, Jasmeen Kaur stayed with Harpreet Kaur Saini (her mother) as a single parent. Later on, her mother got married with Charan Jit Singh who was also a divorcee. According to the counsel for the petitioner, Harpreet Kaur Saini gave her daughter Jasmeen Kaur to Charan Jit Singh in adoption by way of adoption deed dated 05.11.2009 (Annexure P-5). Since, Harpreet Kaur Saini living in Australia and wanted to take Jasmeen Kaur to Australia with her, had applied for visa with the Australian High Commission at New Delhi. An objection has been raised by the Australian High Commission that since the petitioner is less than 18 years of age, therefore, the form submitted by Harpreet Kaur Saini should be signed by the non-accompanying adoptive father (Charan Jit Singh) as well.

(3.) Learned counsel for the petitioner has submitted that the adoptive father has not signed the said form/NOC for the purpose of obtaining visa. It is further submitted that as per the United Nations Convention on the Rights of the Child (UNCRC) to which the Government of India is not a signatory but ratified the said Convention in which Article 9 which deals with the separation of parents, which provides that :-