JASWINDER SINGH Vs. PORRO MASSIMO

JUDGEMENT

(1.) THIS application is directed against the order dated 22/01/2014, passed by the Principal Judge, Family Court, Ranchi in Guardianship/Adoption Case No. 43 of 2013, holding therein that keeping in view the welfare of the child Allie, she cannot be ordered to be given in Inter Country Adoption in favour of respondent Nos. 1 and 2 and, thereby, the said case was dismissed for the reasons recorded herein under: -

(2.) CHALLENGING the said order, Mr. Jagdeep Kishore, learned senior counsel appearing for the petitioner submits that the matter relating to inter -country adoption never seems to have been decided as per the guidelines issued by the Central Government named as 'Guidelines Governing Adoption of Children, 2011' and, thereby, the Court committed illegality in dismissing the application for adoption.

(3.) PURSUANT to the said decision, the Government of India formed a body known as Central Adoption Resource Agency (CARA). At the same time, it came with a guideline named as 'Guidelines For Adoption From India 2006', laying down the elaborate provisions to regulate the matter relating to adoption including inter -country adoption. In course of time, significant development in the law governing adoption took place, whereby Section 41 of the Juvenile Justice (Care and Protection of Children) Act, 2000, was amended by Act, 33 of 2006 by substituting Sub -sections 2, 3 and 4 in Section 41. The said amendment, which was made effective from 22/08/2006, are as follows: -