# In view of the above position, it is requested that all competent courts in your

- **Citation:** C.L. NO. 63VIIf-45/Admn
- **Court:** Allahabad High Court
- **Decided:** 1993-11-03
- **Case number:** C.L. NO. 63VIIf-45/Admn
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/in-view-of-the-above-position-it-is-requested-that-all-competent-courts-in-your-163236
- **Pages:** 2

## Text

190
From the above extracts of judgments it is amply clear that Supreme Court has
entrusted an important duty of fixing the cost of expenses to the competent courts while
awarding order of guardianship so as to avert the possibilities of excess or exorbitant
charges from the foreign adoptive parents. But it has been observed from the copies of
orders of guardianship which are being received by us that competent Courts are not
following the above directives of the Supreme Court while disposing inter-country
guardianship applications. They do not stipulate the total amount towards maintenance
and other expenses to be recovered by the Indian recognised social or child welfare
agency from the prospective foreign adoptive parents through foreign enlisted social or
child welfare agency. In the absence of specific orders of the competent courts regarding
fees to be charged by the local agencies, there is every likelihood that those voluntary
agencies may indulge in over charging from the foreign adoptive parents in contravention
of the guidelines of Supreme Court.
In view of the above position, it is requested that all competent courts in your
State/U.T. may kindly be suitably advised that while awarding the guardianship of a
orphan/destitute/abandoned child in favour of a foreign adoptive parent, they should
invariably fix the amount to be recovered from the foreign adoptive parent through the
concerned enlisted foreign agency according to the direction of the Supreme Court so as
to avoid any chances of overcharging by the concerned local child/social welfare agency.
(v) Renewal of Recognition Certificate for inter-country adoption.
C.L. NO. 63VIIf-45/Admn.'G' dated 22 July, 1994
While enclosing herewith copies of letter No. 4-4/91 CARA dated 16.9.93
followed by letter dated 3.11.93 and another letter no. 16-5/88-CH (AC)/CARA dated 25.
10. 93 received from Central Adoption Resource Agency, Ministry of Welfare,
Government of India, New Delhi for information and necessary action, I am directed to
request that all the Presiding Officers and concerned competent courts functioning under
you be directed that they should not entertain any application from a foreign citizen for
award of guardianship of any Child on his/her favour under the Guardian and Wards Act,
1890, or for its adoption under the Hindu Adoption and Maintenance Act, 1956 unless the
Court concerned has satisfied itself that the original application of the foreign Citizen has
been routed through the proper channel as referred in above mentioned letter dated
16.9.1993 and to follow strictly the provisions of General Rules (Civil) Amendment
Rules, 1991 published in U.P. Gazette on 4.1.1992.
No. 4-4/91- CARA Central Adoption Resource Agency (Ministry of Welfare) WestBlock 8, Wing 2, 2nd Floor R.K. Puram New Delhi.
To, The Registrar Supreme Court of India, New Delhi dated November 3, 1993
2. Routing of inter-country adoption application of foreigners through Central
Adoption Resource Agency.
1.
I am forwarding herewith a copy of this office letter of even number dated 16th
September, 1993 (copy enclosed) vide which your kind attention was invited to
the judgment dated 6th February, 1984 awarded by the Supreme Court of India
in the Writ Petition No. (CRL) 1171/1982 in the matter of Shri L.K. Pandey v.
Union of India with a view to regulate inter-country adoption of Indian children.
191
You were also requested to transmit the letter with instructions to all the High
Courts of India for onward transmission to the District Courts which are actually
processing the cases of inter-country adoption of Indian children.
2.
It is presumed that the necessary instructions in this regard have been circulated
to all the High Courts and District Courts in India accordingly. In fact such
applications of the foreign adoptive parents who intend to adopt a child from
India are required to be routed through the Central Adoption Resource Agency.
But while going through the record it has been observed that most of the District
Courts in the country particularly in Orissa, Maharashtra and Delhi are still not
following the norms and procedure laid down by the Supreme Court of India for
the purpose of regulating inter-country adoption of Indian Children. Therefore,
this amounts to violate the ruling of the Supreme Court of India.
3.
It is also further observed that the direction of the Supreme Court in regard to the
processing of the applications of the prospective adoptive parents by the District
Courts within a stipulated time within two months from the date of submission of
the original application along with the original documents by the agency is not
adhered to. For instance, the District Courts in Haryana are taking almost one
year.
4.
In view of this you are again requested to kindly take up the matter with the High
Courts and District Courts in India to ensure that the judgment of the Supreme
Court of India is followed strictly till the new guidelines on Adoption are
implemented.
(vi) Disposal of adoption cases by the District Courts within the time frame fixed
by the Supreme Court of India.
C.L. No. 5/VII f-45/Admn.'G' Section dated February 2, 1995
Hon'ble the Chief Justice has been pleased to direct to enclose herewith a copy
of letter No. 4-4/91-CARA dated 25.10.94 received from the Secretary, Ministry of
Welfare, Government of India, Central Adoption Resource Agency, New Delhi with its
enclosure on the above subject and to say that it has been noticed by the Ministry of
Welfare, Government of India, CARA, New Delhi that the district courts are taking a
lot of time to decide the guardianship of child in favour of foreign adoption parents,
even the district courts are going beyond the prescribed time limit of two months
stipulated by the Hon'ble Supreme Court of India vide their judgment dated 3.12.1986
in a Writ Petition (CRL) No. 1171/82 in the matter of Shri Laxmi Kant Pandey v. Union
of India and others.
It is, therefore, requested that all the Presiding Officers and concerned Competent
Courts functioning under you be directed to take care to decide the adoption cases
expeditiously within the time-frame of two months fixed by the Hon'ble Supreme Court
of India and to follow strictly the directions given by the Hon'ble Supreme Court in
aforesaid Writ Petition (CRL) No.1171182.
No. 4-4/91-CARA Central Adoption Resource Agency, (Ministry of Welfare)
West Block 8, Wing 2, 2nd Floor, R.K. Puram, New Delhi. dated October 25, 1994
To, The Registrar High Court of Uttar Pradesh, Allahabad.