Mr Rajveer Singh v. Child Welfare Committee And ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 7992/2024 MR RAJVEER SINGH .....Petitioner Through:

Mr. Amit Kumar and Ms. Aliza Ali, Advocates.

versus CHILD WELFARE COMMITTEE AND ORS.

.....Respondents Through:

Mr. Avishkar Singhvi, ASC, GNCTD with Mr. Naved Ahmed, Mr. Vivek Kr. Singh and Mr. Shubham Kr., Advocates for Respondent No. 1.

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 06.09.2024 1.

The Petitioner and his wife wish to adopt the child born on 6th March, 2024 to Ms. Sajiya Begam (Respondent No. 3) and have executed Adoption Deed dated 2nd April, 2024 to formalize the same. To proceed with the adoption, the Petitioner and his wife have also initiated the adoption procedure and registered with the Central Adoption Resource Authority1 - Respondent No. 2. As per the acknowledgment letter issued to the Petitioner by Respondent No.2, on 9th April, 2024, the Petitioner is required to upload the following documents:

i.

Family Photograph 1 "CARA"

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

ii.

Proof of residence iii.

Consent of the biological parents iv.

Consent of the older child of the prospective adoptive parents for such adoption (required only in case the child is more than 5 years).

v.

Permission from the Child Welfare Committee to the legal guardian to surrender the child in adoption with the relative. vi.

Affidavit by prospective adoptive parents in support of their relationship, financial and social status.

2.

As noted above, the Petitioner is required to furnish permission from Child Welfare Committee/Respondent No.1, in order to proceed with the adoption. The Petitioner has not obtained this permission from the Child Welfare Committee, nor is there any document indicating that such an application was made. Counsel for the Petitioner explains that no formal application for this permission has been submitted because an officer of Respondent No. 1, allegedly informed the Petitioner that the adoption could not be permitted due to the child's religion differing from that of the Petitioner.

3.

Mr. Vivek Kr. Singh, counsel for Respondent No. 1, categorically denies this assertion and clarifies that religion is not a factor in the consideration of adoption applications. His statement is taken on record. 4.

In light of the above, in the opinion of the court, it would be appropriate for the Petitioner to apply for the requisite permission with the Child Welfare Committee. It is understood that, in processing the Petitioner's application, the religion of the child will not be a factor, as confirmed by the counsel for Respondent No. 1. The Court has not The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

examined or commented on the merits of the Petitioner's right or entitlement to adoption itself, and his application shall be considered on its own merits, in accordance with the law, once all legal requirements have been fulfilled. 5.

With the above directions, petition stands disposed of. SANJEEV NARULA, J SEPTEMBER 6, 2024 sapna The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.