# You were also requested to transmit the letter with instructions to all the High

- **Citation:** C.L. No. 5/VII
- **Court:** Allahabad High Court
- **Decided:** 1995-02-02
- **Case number:** C.L. No. 5/VII
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/you-were-also-requested-to-transmit-the-letter-with-instructions-to-all-the-high-163237
- **Pages:** 6

## Text

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.
192
Disposal of adoption cases by the District Courts within the time-frame fixed by the
Supreme Court of India.
L. No. 4-4/91-CARA dated October 25, 1994
I am to refer to this office letter of even number dated,1.7.92 (copy with enclosures
enclosed) vide which your kind attention was invited to the directions of the Supreme
Court to High Courts in their judgments dated 9.12.1986 in a Writ petition ( CRL No.
1171/1982) in the matter of Shri Lami Kant Pandey v. Union of India & Others.
It is assumed that there are periodic instructions from the High Courts to district
courts for the disposal of adoption cases within the time frame fixed by the Supreme
Court. Secondly, the High Courts must be receiving the details of the proceedings
relating to award of guardianship of the child in favour of foreign adoptive parents from
the district courts regularly in the prescribed proforma. This practice must continue in the
best interest of the child.
For some time, we have been receiving complaints from the Social Child welfare
agencies recognised for the purpose of inter-country adoption work that the district courts
are taking lot of time to decide the guardianship of the child in favour of foreign adoptive
parents, even the district courts are going beyond the prescribed time limit of two months
stipulated by the Supreme Court in India. As a result of this delay our children are
suffering in the homes and deprived of their legitimate family surroundings.
In view of this, you are requested to kindly take up the matter again with the
district courts and ensure that the district courts should dispose of the adoption cases
expeditiously within the time- frame of two months fixed by the Supreme Court of India.
This may be treated as Most Urgent.
Priority To the cases under Indian Succession Act, Guardian & Wards Act and U.P.
urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972
C. L. No. 59/2007Admin(G): Dated: 13.12.2007.

It has come to the notice of Hon'ble Court that Miscellaneous cases registered
under Indian Succession Act, Guardian & Wards Act and U.P. Urban Buildings
(Regulation of Letting, Rent and Eviction)Act,1972 are often neglected by the
Subordinate Courts which results in their remaining pending for a very long time .The
Hon'ble Court has desired that the cases related to the above Acts are of considerable
importance and should be taken up by the Courts on priority basis so that the interest of
the parties does not suffer adversely .

Therefore, I am directed to request you to kindly impress upon the Judicial
officers posted under your administrative control to take up all cases pertaining to Indian
Succession Act, Guardian & Wards Act and U.P. Urban Buildings (Regulation of Letting,
Rent and Eviction) Act, 1972, on priority.
Central Adoption Resource Agency (Ministry of Welfare) Government of India
West Block No 8, Wing No.2, R.K. Puram, New Delhi
(vii)
Quarterly Report about children whose guardianship has been awarded in
favour of foreign parents.
193
L. No.4-4 /91-CARA-1337 dated l July, 1992
1.
In continuation of this Agency's letter No. 4-4/91-CARA dated 5.10.91 regarding
quarterly report about children whose Guardianship has been awarded in favour
of foreign parents, I am to invite your kind attention to the following portion of
the directions of the Supreme Court to High Courts is in judgment dated 3rd
December, 1986 in Writ Petition (CRL) No.1171/82 in the matter of Shri Laxmi
Kant Pandey v. Union of India:-
"Some Social and Child Welfare Agencies made a complaint before us
that the proceedings for appointment of a prospective adoptive parent as guardian
of child drag on for months and months in some district courts and almost
invariably they take not less than five to six months. We do not know whether
this is true, but if it is, we must express our strong disapproval of such delay in
disposal of the proceedings for appointment of guardian. We wish to impress
upon the district courts that proceedings for appointment of guardian of the child
with a view to its eventual adoption, must be disposed of at the earliest and in any
event not later than two months from the date of filing of the application. We
would request the High Court to call for returns from the district courts within
their respective jurisdiction showing every two months as to how many
applications for appointment of guardian are pending, when they were filed and if
more than two months have passed since the date of their filing, why they have
not been disposed of up to the date of the return. If any application for
guardianship is not disposed of by the district courts within a period of two
months and there is no satisfactory explanation, the High Courts must take a
serious view of the matter. We were also informed that some district courts are
treating applications for guardianship in a lackadaisical manner and are not
scrupulously carrying out the directions given by us in our judgement. This
defiance by the district court of the direction given by us should not be tolerated
by the High Courts and we would request the High Courts to exercise proper
vigilance in this behalf'.
2.
In accordance with the above directions of the Supreme Court, Part II has been
further provided in the existing proforma of the quarterly report so as to collect
the requisite additional information regarding pendency of cases from the District
Courts. Accordingly, you are requested to circulate the revised proforma of the
Quarterly Report to all District Courts within your jurisdiction for their guidance
and compliance. It is also requested that specific action taken by the High Courts
against the District Courts for undue delay may kindly be communicated to us
from time to time.
3.
This may kindly be considered most important. Receipt of this letter may kindly
be acknowledged.
194
PROFORMA
QUARTERLY REPORTS FROM DISTRICT COURTS TO BE SENT TROUGH
HIGH COURTS
PART I
SL.
No.
Name, age
& sex of
the child
Name &
address of
the foreign
adoptive
parents
Name & address of
the recognised
Indian/Social/Child
Welfare agency
which processed the
case in India
Name & address
of the foreign
agency which
sponsored the
application of
foreigners
Name
of the
Court
No. and
date of the
Court
Order

1
2
3
4
5
6
7

No. of cases of
adoption/
guardianship on
the last date of
previous quarter
No. of cases
filed in
Distt. Courts
during the
quarter
under report
Total No.
of the
cases
available
for
disposal
(1+2)
No. of cases
disposed by
the Distt.
Courts during
the quarter
under report
No. of
pending
cases, as on
the last date
of the
quarter
under report
No. of
cases
pending
for
more
than 60
days
Period of
pendency
and
reasons
for the
delay in
each such
case
1
2
3
4
5
6
7

Signature of Distt. Judge
Name of District
State
Guardianship Certificate meant for the mentally disabled persons.
C.L. No. 7/2009 Admin G-II Dated: 07.04.2009
While enclosing herewith the copy of the Government Letter No. 826/65-1-200793/2000 dated 09.07.2007, from Chief Secretary, Government of U.P. on the above
subject, I am directed to circulate the same for your information.
195
Appointment for guardianship:

14(1) A parent of a person with disability or his relative may make an
application to the local level committee for appointment of any person of his choice to act
as a guardian of the persons with disability.
(2)
Any registered organization may make an application in the prescribed form to
the local level committee for appointment of a guardian for a person with disability:

Provided that no such application shall be entertained by the local level
committee, unless the consent of the guardian of the disabled person is also obtained.
(3)
While considering the application for appointment of a guardian the local level
committee shall consider.
(a)
Whether the person with disability needs a guardian;
(b)
The purposes for which the guardianship is required for person with
disability.
(4)
The local level committee shall receive process and decide applications received
under sub-sections (1) and (2) in such manner as may be determined by regulations.

Provided that while making recommendation for appointment of a guardian, the
local level committee shall provide for the obligations, which are to be fulfilled by the
guardian.
(5)
The local level committee shall send to the Board the particulars of the
applications received by it and orders passed thereon at such interval as may be
determined by regulations.
196
x-2007
(viii) Audit of minor's accounts by civil court official
C.L. No. 9/VIII-b-173 dated 23rd January, 1954

Audit of minor's accounts in guardianship cases in which the total annual receipt
does not exceed Rs.1, 000 may be entrusted to a civil court official provided that the
work is done out of office hours and does not interfere in any way with official duty.

Such an official may be paid the usual audit fee at the rate of 2 per cent of the
total annual receipts.
(viii-a): Grant of Child Care leave and Child Adoption leave
C.L. No. 26/82-A/Admin. ̳D' Section: Dated 27.08.2010

I am directed to inform you that after careful consideration of the case the Court
has been pleased to adopt the G.O. (O.M.) No. G-2-2017/DAS-2008-216/79/Lucknow:
dated 08.12.2008 (Copy enclosed) and related G.O. (O.M.) No. G-2-573/Ten-2009-21679 Lucknow: dated 24.3.2009 (Copy enclosed), issued on the above subject, in respect of
employees of Courts subordinate to the High Court of Judicature at Allahabad.