Delhi High Court - Orders
Michelle Camilleri & Anr vs Central Adoption Resource Authority ... on 15 March, 2023
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~43
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 14069/2022 & CM APPL. 12300/2023
MICHELLE CAMILLERI & ANR. ..... Petitioners
Through: Ms. Tara Narula, Advocate with Mr.
S. Debabrata Reddy, Advocate.
versus
CENTRAL ADOPTION RESOURCE AUTHORITY (CARA) &
ANR. ..... Respondents
Through: Ms Monika Arora Advocate with Mr
Yash Tyagi, Advocate for CARA (M:
9511676829).
Mr. Arun Sri Kumar and Ms. Mehaak
Jaggi, Advocates (M: 9811250312).
Mr. Veer Vikrant Singh, Advocate
for R-2 (M: 8819818999).
Mr Anil Mittal, Advocate for R-3
(M: 9810064432).
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 15.03.2023
1. This hearing has been done through hybrid mode. CM APPL. 12300/2023 (early hearing) in W.P.(C)-14069/2022
2. The present application has been moved for early hearing. A perusal of the application would show that vide order dated 3rd March, 2023, the judgment of this Court dated 25th November, 2022 has been upheld and the SLP has been dismissed. The relevant extract of the order dated 3rd March, 2023 passed by the Supreme Court is extracted as under:
Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:17.03.2023 16:36:57"As regards submission of the petitioners that the FPAP had initially expressed unwillingness to take a child with epilepsy for adoption, Ms. Menaka Guruswamy, learned Senior Counsel appearing for the respondent nos. 3 and 4 has submitted that such unwillingness was at the preliminary level only. They were aware that Child 'S' had this medical condition and were still willing to adopt her. We do not find any reason to interfere with the impugned judgment for this reason. The other point highlighted was that there were too many cases of adoption from Malta. But the statute lays down a robust scrutiny process in each case of inter-country adoption. On mere suspicion based on such statistics, we cannot interfere with the judgment of the High Court.
As the statutory provisions stand complied with, we are not inclined to interfere with the judgment of the High Court, which we find to be a well reasoned order which has dealt with all the relevant issues."
3. As per ld. Counsel for the Petitioner, CARA has already issued its no objection and the District Magistrate, Bareli is to issue the order of adoption.
4. Ld. counsel appearing for the State of UP submits that he wishes to seek instructions in the matter.
5. It is made clear that now the order dated 25th November, 2022 has been upheld, by the Supreme Court there can be no impediment to the District Magistrate, Bareli issuing the adoption order. The adoption order shall be produced before the Court on the next date of hearing.
6. List on 27th March, 2023.
PRATHIBA M. SINGH, J.
MARCH 15, 2023/mr/am Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:17.03.2023 16:36:57