Case Note & Summary
The case involves two writ appeals filed by the Union of India and the Central Adoption Resource Agency (CARA) against an order dated 19.06.2018 passed by a learned Single Judge in W.P. 12427-428/2018. The Single Judge had directed CARA to consider the adoption application of Mr. Ankur Gupta and Dr. Geetika Agarwal (respondents 1 and 2) in accordance with law. The appellants contended that the respondents had not obtained a 'No Objection Certificate' from the State Authority, which was a prerequisite under the Adoption Regulations. However, the Division Bench, comprising Justice Raghvendra S. Chauhan and Justice B.M. Shyam Prasad, dismissed the appeals, holding that the Juvenile Justice (Care and Protection of Children) Act, 2015 and the CARA Regulations do not require a No Objection Certificate at the initial stage of processing an adoption application. The court also dismissed the connected contempt petitions (C.C.C. Nos. 1690-1691/2018) filed by the respondents against CARA officials, finding no wilful disobedience of the Single Judge's order. The judgment emphasizes that CARA must process adoption applications without imposing additional requirements not found in the statute or regulations.
Headnote
A) Adoption Law - Prospective Adoptive Parents - Processing of Application - Juvenile Justice (Care and Protection of Children) Act, 2015, Section 56 - The court held that CARA cannot refuse to process an adoption application solely on the ground that the prospective adoptive parents have not obtained a No Objection Certificate from the State Authority, as the Act and Regulations do not mandate such a requirement at the initial stage. The Single Judge's direction to consider the application was upheld. (Paras 1-10)
B) Contempt of Courts - Wilful Disobedience - Contempt of Courts Act, 1971, Sections 11 and 12 - The court dismissed the contempt petitions as the respondents had not wilfully disobeyed the order of the Single Judge, but had merely sought clarification. (Paras 1-10)
Issue of Consideration
Whether the Central Adoption Resource Agency (CARA) can refuse to process an adoption application on the ground that the prospective adoptive parents have not obtained a 'No Objection Certificate' from the State Authority, and whether the Single Judge's order directing consideration of the application was correct.
Final Decision
The Division Bench dismissed the writ appeals and the contempt petitions, upholding the Single Judge's order directing CARA to consider the adoption application.
Law Points
- Adoption under Juvenile Justice (Care and Protection of Children) Act
- 2015
- CARA Regulations
- Writ jurisdiction
- Contempt of Courts Act
- 1971
Case Details
2018 LawText (KAR) (09) 6
Writ Appeal No. 2259 of 2018 (GM-RES) and Writ Appeal No. 2675 of 2018 (GM-RES) a/w C.C.C. Nos. 1690-1691 of 2018
Justice Raghvendra S. Chauhan, Justice B.M. Shyam Prasad
Sri. Nataraj. R, CGC for appellants; Smt. Jayna Kothari, Adv. for respondents
Union of India, Ministry of Women and Child Development, and The Central Adoption and Resources Agency
Mr. Ankur Gupta, Dr. Geetika Agarwal, and Prayas Bharti Trust
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ appeals against an order of a Single Judge directing CARA to consider an adoption application, and contempt petitions for alleged disobedience of that order.
Remedy Sought
The appellants sought to set aside the Single Judge's order dated 19.06.2018 in W.P. 12427-428/2018. The complainants in the contempt petitions sought action against CARA officials for wilful disobedience.
Filing Reason
The appellants contended that the Single Judge erred in directing CARA to consider the adoption application without the respondents having obtained a No Objection Certificate from the State Authority.
Previous Decisions
The learned Single Judge had directed CARA to consider the adoption application in accordance with law.
Issues
Whether CARA can refuse to process an adoption application on the ground that the prospective adoptive parents have not obtained a No Objection Certificate from the State Authority.
Whether the Single Judge's order directing consideration of the application was correct.
Whether the respondents in the contempt petitions had wilfully disobeyed the Single Judge's order.
Submissions/Arguments
The appellants argued that the No Objection Certificate from the State Authority is a mandatory requirement under the Adoption Regulations, and without it, the application cannot be processed.
The respondents argued that the Juvenile Justice Act and CARA Regulations do not require a No Objection Certificate at the initial stage, and CARA's refusal was arbitrary.
Ratio Decidendi
The court held that CARA cannot impose additional requirements not found in the Juvenile Justice Act or the CARA Regulations, and must process adoption applications without insisting on a No Objection Certificate from the State Authority at the initial stage.
Judgment Excerpts
The court held that CARA cannot refuse to process an adoption application solely on the ground that the prospective adoptive parents have not obtained a No Objection Certificate from the State Authority.
The contempt petitions were dismissed as there was no wilful disobedience of the Single Judge's order.
Procedural History
The writ appeals were filed against the order dated 19.06.2018 of the learned Single Judge in W.P. 12427-428/2018. The contempt petitions were filed under Sections 11 and 12 of the Contempt of Courts Act, 1971, alleging wilful disobedience of the said order. The appeals and contempt petitions were heard together and disposed of by this common judgment.
Acts & Sections
- Juvenile Justice (Care and Protection of Children) Act, 2015: Section 56
- Contempt of Courts Act, 1971: Sections 11, 12
- Karnataka High Court Act: Section 4
