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2026 DAILYLAW 34665 (PNJ)

JIND KAUR AND ORS v. UNION OF INDIA AND OES

CWP/22914/2026 · 2026-07-27

Tribhuvan Dahiya

body2026

Judgment text

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CWP-22914-2026 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Serial No. 121 CWP-22914-2026 Decided on:27.07.2026 Jind Kaur (Minor) and others . . . Petitioners Versus Union of India and others . . . Respondents CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA Present: Mr. Arvind Kashyap, Advocate, Mr. Karanraj Singh, Advocate and Ms. Abha Kashyap, Advocate for the petitioners. Mr. Dheeraj Jain, Senior Advocate with Ms. Amrita Singh, Advocate for respondent no.1/UOI. TRIBHUVAN DAHIYA, J.(ORAL) The petition has been filed seeking a writ of mandamus directing respondent no.2/Central Adoption Resource Authority (CARA) to issue a No Objection Certificate (NOC)-cum-support letter and a conformity certificate for processing the case of petitioner no.1 for adoption under the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015, and the Adoption Regulations, 2022. 2. Learned senior counsel submits that petitioner no.1 is sought to be adopted by petitioners no.2 and 3, who are Australian citizens, as apparent from the email, dated 16.03.2026, Annexure P-4 addressed by them to the competent authority at Mohali. Petitioner no.1, a minor child, was born to MEHAK HURIA 2026.07.30 14:39 I attest to the accuracy and integrity of this order/judgment CWP-22914-2026 -2- petitioners no.4 and 5; petitioner no.2 is the sister of petitioner no.4, and paternal aunt/Bua of the minor. Hence, this is inter-country relative adoption which is governed by Regulation 56 of the Adoption Regulations, 2022, which provides as under: 56. Inter-country relative adoptions.―(1)A non-resident Indian or an Overseas Citizen of India Card holder, interested to adopt a relative’s child, may approach an Authorised Foreign Adoption Agency or the Central Authority in the country of residence for preparation of their Home Study Report and for online registration on the Designated Portal. (2) In case there is no Authorised Foreign Adoption Agency or Central Authority in their country of residence, then the prospective adoptive parents interested to adopt a relative’s child shall approach the Government department concerned or Indian diplomatic mission (in cases of Indian citizens and Overseas Citizen of India Cardholder) in that country. (3) The Authorised Foreign Adoption Agency or Central Authority or the department concerned or the Indian diplomatic mission (in cases of Indian citizens), as the case may be, on completion of the Home Study Report, shall register the application of the prospective adoptive parents on the Designated Portal along with the required documents as mentioned in the Schedule VI. (4) Procedure laid down in succeeding regulations 57, 58, 59 and 60 shall be followed in the cases related to inter-country relative adoptions. As per stipulations in the Regulation, the process for adoption of the child has to be initiated in Australia, the country of residence of petitioners no.2 and 3, who are the adoptive parents. This has, concededly, not been done. MEHAK HURIA 2026.07.30 14:39 I attest to the accuracy and integrity of this order/judgment CWP-22914-2026 -3- 4. Accordingly, no direction can be issued and the petition stands dismissed, with liberty to the petitioners to follow the laid down procedure for inter-country relative adoption. (TRIBHUVAN DAHIYA) 27.07.2026 JUDGE Mehak Whether reasoned/speaking? Yes/No Whether reportable? Yes/No MEHAK HURIA 2026.07.30 14:39 I attest to the accuracy and integrity of this order/judgment