Mr. Premos Kanyanpuram Sherkhan And ANR. v. The Central Adoption Resource Agency And ORS.

wp3588.15-20.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3588 OF 2015 WITH CIVIL APPLICATION NO.1729 OF 2015 Mr.P.K.Sherkhan & Anr.

.. Petitioners Vs.

The Central Adoption Resource Agency & Ors.

.. Respondents ---- Ms.Shirin Merchant for the petitioners.

Mr.D.A.Nalawade a/w Ms.S.I.Shah & Mr.Vinod Joshi for respondent nos.1 & 2.

Mr.A.I.Patel AGP for respondent no.3.

---- CORAM : A.S.OKA & K.R.SHRIRAM, JJ.

DATE : 24th August, 2015 P.C.

We have perused the Guidelines governing the Adoption of Children published under the Notification dated 17.7.2015 issued by the Ministry of Women and Children Development, Government of India. The said Guidelines have come into force with effect from 1.8.2015. Our attention is invited to clause-22 of the Guidelines which provides that "if one of the prospective adoptive parents is foreigner and other is an Indian, such case shall be treated at par with Indians living in India or living abroad as the case may be".

KJ 1/2

wp3588.15-20.doc In view of the fact that new Guidelines have come into force, the petitioners will not require no objection and therefore, this petition will not survive.

The learned Advocate for the petitioners has some grievance regarding access to the On-line System under the new guidelines. It will be open for the petitioners to make a representation to the appropriate authority on this aspect. If such representation is made, the concerned authority shall consider the same and take action within one month from the date on which the representation is made. Subject to above directions, the petition is disposed of.

In view of disposal of the writ petition, Civil Application No.1729/2015 does not survive and disposed of accordingly. (K.R. SHRIRAM, J.) (A.S.OKA,J) KJ 2/2