14/01/2023
The verdict came after the Delhi High Court laid down the dicta in ‘Jagdish Singh Sharry v CARA’; considering the aforesaid matter as one of a kind and outside the purview of Adoption Regulations, 2022. The judgment unequivocally logged as: “Irrespective of whether the DM’s verification, is received or not, in the unique facts of this case, which predates the coming into force of the Regulations, the NOC shall now be processed and issued by the Respondent to the Petitioners within a period of 30 days from today, subject to availability of all documents on the record of CARA.”
The aforesaid ruling is a breakthrough in the recent developments of Adoption Laws in India, especially in view of the rush surrounding the applicability of Adoption Regulations 2022 to the Adoptions that predates its enforcement. The Adoptions that took place under Hindu Adoption and Maintenance Act, prior to coming into effect of the Adoption Regulations 2022, shall now be covered under the precedent set by the Hon’ble Delhi High Court.
Directing CARA to issue an NOC within 30 days to an NRI couple for adoption of a child, the Delhi