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Bombay High Court

Rajeswari Madabushi vs Firoz Khan And 4 Others on 6 July, 2023

Author: R.I. Chagla

Bench: R.I. Chagla

2023:BHC-OS:6104



                                                                       3-Chamber-IAL-18330-23.doc

            Sharayu Khot.
                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    ORDINARY ORIGINAL CIVIL JURISDICTION

                                  INTERIM APPLICATION (L) NO. 18330 OF 2023
                                                          IN
                              FOREIGN ADOPTION PETITION (L) NO. 184 OF 2018


                    Smt. Rajeswari Madabushi                                 ...Applicant/
                                                                             Petitioner

                            Versus

                    Mr. Firoz Khan & Ors.                                    ...Respondents

                            And

                    Central Adoption Resource Authority Ministry             ...Party
                    of Women and Child Development & Anr.                    Respondents

                                                       ----------
                    Ms. Sapna Krishnappa, Advocate for Applicant/Petitioner.
                    Ms. Dipal S. Mehta, Amicus Curie present.
                    Petitioner in person present a/w Miss Jahnavi (Baby).
                                                       ----------

                                                       CORAM : R.I. CHAGLA J

                                                         DATE       : 6 July 2023

                    ORDER :

1. By this Interim Application, the Applicant/Petitioner has sought permission to amend the Petition as per Annexure to the Interim Application.

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3-Chamber-IAL-18330-23.doc

2. Purpose for carrying out the amendment is for joinder of the Central Adoption Resource Authority Ministry of Women and Child Development and Union of India ("CARA").

3. The learned Advocate for the Applicant has referred to the order dated 19th December 2019 passed by this Court by which this Court had directed the CARA to take all necessary steps to register the child in official website so that this would enable the Petitioner to take steps to take the child on adoption. CARA was accordingly directed to take necessary steps which is permissible in law in registering the child and to allot the child to the Petitioner so that legal adoption can be finalised in favour of the Petitioner. She has stated that pursuant to the said order and directions contained therein, CARA has refused to grant NOC.

4. Accordingly, present Interim Application has been filed.

5. Having considered the averments in the Interim Application as well as prior order dated 19th December 2019 passed by this Court, the relief sought for in the Interim Application is 2/3 ::: Uploaded on - 06/07/2023 ::: Downloaded on - 07/07/2023 18:36:10 ::: 3-Chamber-IAL-18330-23.doc granted. Hence, the following order is passed. :-

(i) The Petitioner is permitted to amend the Petition as per Annexure to the Interim Application.
(ii) Amendment shall be carried out within a period of one week from the date of this order.
(iii) Re-verification is dispensed with.
(iv) Interim Application is disposed of.

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