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Calcutta High CourtMAT/98/2025dismissed

Gouri Murmu v. State Of West Bengal And ORS.

2025-02-26The Hon'Ble The Chief Justice T.S Sivagnanam,Hon'Ble Justice Chaitali Chatterjee (Das)2 pages

26.02.2025 Item No.11 Ct. No.01 RP/SM MAT 98 of 2025 with CAN/1/2025 Gouri Murmu Vs.

The State Adoption Resource Agency, West Bengal and Ors.

Ms. Roma Halder, Adv.

...For the Appellant Mr. Naba Kumar Das, Adv.

Mr. Kaustav Bhattacharya, Adv.

...For the State Mr. Siddhartha Bhattacharyya, Adv.

Ms. Piyas Chowdhury, Adv.

...For the Union of India Mr. Robiul Islam, Adv.

Mr. M. Rahaman, Adv.

...For the Respondent No.6

1. The appellant was the writ petitioner in WPA 597 of 2025 wherein prayer was made to permit her to adopt a male child who at that time was aged about 17 years 11 months 15 days. The learned Writ Court directed the applicant to file an appropriate application before the Central Adoption Resource Agency (C.A.R.A.).

2. The learned advocate appearing on behalf of the C.A.R.A. submitted before us that as of now the child has attained majority and therefore, the question of entertaining an application by C.A.R.A. does not arise.

3. Another embargo is that the biological father of the child had not surrendered the child when the child was minor so as to enable C.A.R.A. to assume jurisdiction.

4. It appears that during the pendency of the writ petition it was suggested to the petitioner that she may approach the civil court but the suggestion was not taken. In any event, as of now the child has attained majority, the question of issuing any direction to any of the authorities to permit adoption of the child does not arise.

5. Hence, the appeal along with the application is dismissed.

[T.S. SIVAGNANAM] CHIEF JUSTICE [CHAITALI CHATTERJEE (DAS), J.]