# Khalasi Lan, Rashtrabhasa Road

- **Citation:** C.L. No. 28/2009
- **Court:** Allahabad High Court
- **Decided:** 2009-05-21
- **Case number:** C.L. No. 28/2009
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/khalasi-lan-rashtrabhasa-road-163235
- **Pages:** 3

## Text

188
2.
 ̳Basundhara'
AT. Bhruba Tara
Khalasi Lan, Rashtrabhasa Road,
Cuttack- 753 001
65/90
16.11.90
1 Year

Compliance of direction given by Hon'ble Supreme Court in L.K. Pandey v. Union
of India (Writ Petition No. 1170 of 1982) pertaining to expeditious disposal by
District/Family Courts of cases involving Inter-Country adoption.
C.L. No. 28/2009 Admin. (G-II) Dated May 21, 2009
The Central Adoption and Resources Authority (CARA), an autonomous body,
of Ministry of Women and Child Development, Government of India has brought to the
notice of Hon'ble Court vide D.O. Letter No. 16/1/2000-CARA dated 12.12.2008 that the
direction of Hon'ble Supreme Court given in L.K. Pandey v. Union of India (W.P. No.
1170 of 1982) pertaining to expeditious disposal by District/Family Courts, of cases
involving inter-country adoption, are not being followed which prescribes that the entire
procedure should be completed by the Court expeditiously as far as possible within a
period of two months from the date of filing of applications for the guardianship of child.
The proceedings on the application for guardianship should be held in Court in camera
and should be recorded confidentially. As soon as order is made on the application for
guardianship, the entire proceedings including the papers and documents should be
sealed.
Upon consideration of the above matter, the Hon'ble Court has desired that the
Family Courts or the Court assigned to deal with such nature of cases under your
administrative control should be thoroughly impressed to adhere to the directions given
by the Hon'ble Apex Court in Lakshmi Kant Pandey v. Union of India; (1984) 2 SCC
244 by making sincere efforts to decide such cases within the time stipulated i.e. two
months from the date of filing of the application.
While enclosing a copy of the judgment of Hon'ble Apex Court delivered in the
above noted case alongwith copy of letter dated 12.12.2008 of Central Adoption
Resource Authority, I am directed to request you to kindly impress upon the Judicial
Officers presiding over the Family Courts or dealing with such matters working under
your administrative control to ensure compliance of the above directions in right earnest.
(iv)
1. Reimbursement or maintenance and other expenses to recognised Indian

Social or child welfare agency in case of inter-country adoption from foreign

adoptive parents.
C.L. No. 51VIIf-45/Admn. (G) dated September 25, 1992
I am directed to enclose herewith a copy of letter F.No.4-4-91- CARA, dated
May 11,1992 from the Secretary, Central Adoption Resource Agency, New Delhi, on
.the above subject, and to say that the Concerned courts in your judgeship may kindly be
apprised of the contents of this letter enclosure for information and necessary
compliance.
189
Ministry of Welfare, Central Adoption Resource Agency West-Block-8, Wing No.2.
R.K. Puram, New Delhi-66
Reimbursement or maintenance and other expenses to a recognised Indian social or
child welfare agency in case of inter-country adoption from foreign adoptive
parents.
L. F. No. 4-4-91-CARA dated May 11, 1992
The Supreme Court vide its series of Judgments dated 27th September, 1985,
3.12.1986 and 14.8.1991 have among other aspects, laid down detailed guidelines with
regard to the recovery of maintenance and other incidental expenses incurred by a social
welfare agency for rearing the orphan/destitute child till the date of guardianship from
prospective foreign adoptive parents in case of inter-country adoption. For ready
reference, the relevant portions of the judgments are reproduced here below-
EXTRACTS OF THE SUPREME COURT JUDGMENT DATED 27.9.1985

" ...we have no doubt that the recognised social or child welfare agency through
whom the application for guardianship as processed would take care to see that no
exorbitant amount is sought to be charged by the social or child welfare agency looking
after the child by way of maintenance expenses. But we would by way of greater
safeguard direct that when the court makes an order appointing a foreigner as guardian,
the court should look into this question and sanction the amount to be paid by the
foreigner to the social or child welfare agency by the court shall be recoverable by the
social or child welfare agency by way of maintenance expenses from the foreigner who
is appointed guardian of the child......"

"... The recognised social or child welfare agency processing the application must
also be entitled to recover from the foreigner who is sought to be appointed guardian of
the child, costs incurred in preparing and filing the application and prosecuting it in
court. Such expenses may include legal expenses, administrative expenses, preparation
of child study report, preparation of medical and I.O. reports, passport and visa expenses
and conveyance and they may be fixed by the court at such figure not exceeding Rs.
4;000/-, as may be thought fit by the court........."
EXTRACT OF THE SUPREME COURT JUDGMENT DATED 3.12.1986

" ........We, therefore, agree that the recognised placement agency processing the
application of a foreigner for being appointed guardian of a child with a view to its
eventual adoption, should be entitled to recover from the foreigner, cost incurred in
preparing and filing the application and prosecuting it in court including legal expenses,
administrative expenses, preparation of child study report, preparation of medical and
I.Q. reports, passport and visa expenses and conveyance expenses and that such expenses
may be fixed by the court at a figure not exceeding Rs. 6,000/ ".
EXTRACTS OF THE SUPREME COURT JUDGMENT DATED 14.8.1991

"... The Judgment laid down a scale of expenses to be recovered by the Agency
offering placement for maintaining the child from the Adoptive parents. There was some
modification in 1986, keeping in view the general rise in cost of living we are prepared to
allow escalation by 30% we do not, however agree to an escalation of 10% every year.
The matter may be reviewed once in three years so for as escalation of expenses is
concerned ".
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.