AKSHAY PITAMBER SARVAKARversusCENTRAL ADOPTION RESOURCE AUTHORITY

     C/SCA/15710/2025                              JUDGMENT DATED: 12/03/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/SPECIAL CIVIL APPLICATION NO. 15710 of 2025


FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
==========================================================

             Approved for Reporting               Yes          No

==========================================================
                 AKSHAY PITAMBER SARVAKAR & ANR.
                               Versus
            CENTRAL ADOPTION RESOURCE AUTHORITY & ORS.
==========================================================
Appearance:
MR PUNIT B JUNEJA(3972) for the Petitioner(s) No. 1,2
MR NIKUNJ KANARA AGP for the Respondent(s) No. 2,3
MRS KRISHNA G RAWAL(1315) for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR. JUSTICE HEMANT M.
       PRACHCHHAK

                              Date : 12/03/2026

                                JUDGMENT


1.       RULE returnable forthwith. Learned counsels for the
respondents waives service of notice of rule on behalf of the
respondents. With the consent of the learned counsels for the
respective parties, the present petition is taken up for final
hearing today.


2.       The present petition is filed by the petitioner under Articles
226 of the Constitution of India read with the provisions of the
Hindu Adoption and Maintenance Act, 1956 (HAMA) and in the
matter under Adoption Regulations 2017/2022 issued by the


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     C/SCA/15710/2025                             JUDGMENT DATED: 12/03/2026




Ministry of Women and Child Development, Government of India
seeking following reliefs:


         “a) Issue a writ of mandamus or appropriate direction to
         Respondent No. 1 (CARA) to register the Petitioners' concluded
         HAMA adoption ex post facto under Adoption Regulations
         and/or to open the inter-country file on the basis of the
         registered adoption deed and Indian identity documents, and to
         process and issue the No-Objection Certificate and, as
         applicable, the Conformity Certificate under Article 23 of the
         Hague Convention or a Support Letter in the non-Hague route;


         b) Issue a writ of mandamus or appropriate direction to
         Respondent No. 2 (District Magistrate, Gandhinagar) and
         Respondent No 3 to conduct the inquiry on the registered Hindu
         Adoption and Maintenance Act (HAMA)- adoption deed and to
         issue a verification/adoption order and certificate in the
         prescribed format, recording validity under Hindu Adoption and
         Maintenance Act, 1956 in the best interests of the minors;


         c) Pending the above, direct Respondent No. 1 to issue an
         interim endorsement/letter acknowledging the concluded HAMA
         adoption and the status of the Petitioners as parents as per
         Indian records, to be placed before the Australian authorities,
         without prejudice to the final NOC/Support-Conformity issuance.


         d) Grant such other and further reliefs as the facts and
         circumstances of the case warrant in the interest of justice and
         paramount welfare of the children.”


3.       Brief facts giving rise to the present petition are that, twin
minor girls namely Raadhya and Raavya were born on
22.02.2022. The biological mother of the twins Dr. Dipti Pitamber
Sarvakar, the sister of the petitioner No.1 passed away on next
day of the birth of the twins i.e. on 23.02.2022 and, therefore,


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  C/SCA/15710/2025                                      JUDGMENT DATED: 12/03/2026




the biological father of the twins, Mr. Nihar Gajaria decided to
hand over the minor twins to the present petitioner who was
ready and willing to adopt both the daughters and the petitioner
has lawfully accepted both the children by way of executing
adoption deed. The necessary entry was also mutated in the
record that the petitioners are now the adoptive parents of both
the minor girls and on 29.09.2022, the adoption deed was
executed which was registered before the Sub-Registrar,
Gandhinagar bearing registration no. 43572 of 2022 and on the
basis of the adoption deed, the birth certificate of the minors
Raadhya and Raavya were issued, the name of the parents was
corrected and the new certificate was issued showing the name
of the present petitioners as the parents of the minors on the
basis of the adoption. As the adoptive parents are immigrants
and residing in the State of Victoria, Australia, the Australian
authorities have asked for the verification/adoption order and
certificate from the District Magistrate based on the registered
adoption documents registered under the Hindu Adoption and
Maintenance          Act,   1956,   a    No       Objection    Certificate      and
Support/Conformity Certificate from CARA i.e. respondent No.1
as per the requirements of the Australian government. Hence,
the petitioner submitted a detailed representation on 11.09.2025
to respondent NO.1 with copy to respondent No.2 with all the
necessary documents seeking registration and ex post facto
recognition under Chapter IV-A (as inserted by the government
notification published in Gazette on 17.09.2021), CARA’s NOC
and Support/Conformity Certificate, and District Magistrate’s


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     C/SCA/15710/2025                          JUDGMENT DATED: 12/03/2026




verification/adoption order and certificates. All the relevant
necessary documentary evidences were produced along with the
application seeking certificates from the authority and on the
basis of that application, respondent No. 1 informed that the
process has to be initiated from the receiving country through
it’s programme/portal. That, in absence of timely action by
respondents - Central Adoption Resource Authority (CARA) and
District Magistrate, Gandhinagar, the children’s immigration
processing is held up and hence, the present petition has been
preferred by the present petitioner.



4.       Heard the learned counsel for the respective parties.
Perused the materials available on record.



5.       The Coordinate Bench of this Court on 25.11.2025, while
issuing the notice had directed the learned AGP to get the
necessary instructions before the next date of hearing and to file
the appropriate afÏdavit in reply.



6.       Mr.Juneja, learned counsel for the petitioner submitted that
the petitioner received a letter from the Australian government,
Department of Home Affairs dated 27.02.2026 wherein the
procedure was prescribed in the said letter and the relevant
documentary evidences as mentioned in the said letter reads as
under:



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  C/SCA/15710/2025                                 JUDGMENT DATED: 12/03/2026




      “Other requirements


      The department acknowledges that Adoption Victoria is not
      accepting applications to adopt a child from India that are
      completed under the Hindu Adoptions and Maintenance Act,
      1956 (HAMA).


      For intercountry adoptions where the adoptive parents are
      unable to provide a NOC from the state and territory central
      authority due to residing in a non-participating Australian state,
      Please follow the below procedure.


      The following documents are required:
      1.    If the adoption is not already registered through CARINGS
      portal, the applicant is to liaise with District Magistrate ofÏce
      (where the child is residing) for verification of their HAMA
      adoption deed.
      2.      Applicant provides verification documents to CARA.
      3.      CARA issues a support letter.
      4.      Applicant requires to provide a copy of the CARA support
              letter to the Department of Home Affairs.”



6.1   Mr. Juneja, learned counsel has relied and referred upon a
similar set of facts in the decision of the Hon’ble Apex Court in
the case of Prema Gopal Vs. Central Adoption Resource
Authority and Ors in Special Leave to Appeal (C) No(s).
14886/2024 dated 29.01.2025 and has urged before this Court
that as the adoptive parents are residents of Australia, the
procedure for adoption of the children under HAMA, 1956 by
parents who desire to relocate the child abroad, as envisaged
under      Chapter   VIII   of   the    Adoption     Regulations,        2022
(Regulations, 2022) has been followed, more particularly, the

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  C/SCA/15710/2025                             JUDGMENT DATED: 12/03/2026




Regulations 64 and 67 of the Regulations, 2022 which read as
under:

      “64. This Chapter shall apply to - (a) all adoption cases under
      the Hindu Adoptions and Maintenance Act, 1956 (78 of 1956)
      by prospective adoptive parents or adoptive parents residing
      outside the country and


      (b) all adoption cases pertaining to countries outside the Hague
      Adoption Convention.


      67. Procedure in the case of registered adoption deed. - (1) In
      the cases where the adoption deed has already been executed
      in pursuance of adoption under the Hindu Adoptions and
      Maintenance Act, 1956 (78 of 1956), before the
      commencement of the Adoption (Amendment) Regulations,
      2021, the requisite documents supporting the facts of the
      adoption deed shall be duly verified and recommended by the
      District Magistrate in the format as provided in Schedule XXXV.


      (2) On receipt of the verification of documents as per
      Schedule XXXV, the Central Adoption Authority Resource
      Authority shall comply with the provisions of Articles 5 or 17
      from the receiving country as provided in the Hague Adoption
      Convention.


      (3) Upon receiving such certificate, the Central Adoption
      Resource Authority shall issue no objection certificate for Hague
      ratified countries and in cases of countries outside the Hague
      Convention on Protection of Children and Co-operation in
      respect of Inter-country Adoption, the Central Adoption
      Resource Authority shall issue a support letter upon receiving a
      letter accepting the said adoption from the Government
      department."


6.2   Mr.Juneja, learned counsel has submitted that the present
petition deserves to be allowed.



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     C/SCA/15710/2025                            JUDGMENT DATED: 12/03/2026




7.       I have heard the learned counsel for the respective parties
and have considered the facts of the petition. It appears that in
the instant case, the twin children were adopted prior to the
actual execution of the deed but the deed was executed on
29.09.2022. As provided under the provisions of HAMA, 1956, in
the circumstances, Regulation 67 relating to the date of adoption
is    subsequent        to   the   commencement     of    the     Adoption
(Amendment) Regulations, 2021, however, as mentioned in the
present case, I am of the opinion that there can be no hurdle in
the way of the respondents to consider the case of the petitioner.
I direct respondent Nos. 1 and 2 to consider the case of the
petitioner and issue the necessary certificates as required by the
Australian authorities to fulfill and comply with the requirements.
All the necessary documentary evidences were already furnished
by the petitioner before respondent Nos. 1 and 2. However, in
case any of difÏculty, the petitioners may again supply the
necessary documentary evidences within a period of one week
from today and on receipt of the said application, respondent
Nos. 1 and 2 shall consider the case of the petitioner herein
having regard to the relevant provisions of the Regulations 2022
and in accordance with law bearing in mind the facts that the
adoption took place on 29.09.2022 and the children were born
on 22.02.2022. In the event of any difÏculty, the petitioner shall
personally remain present before respondent No. 2 through it’s
legal representatives to make necessary submissions before the
authority and after considering the same the entire exercise shall


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     C/SCA/15710/2025                                                  JUDGMENT DATED: 12/03/2026




be completed by respondent Nos.1 and 2 within a period of four
weeks from the date of hearing of the present petitioner. The
respondent No. 1 shall issue Support Letter in the particular
format as prescribed. On such Support Letter being issued, the
petitioner shall take steps for the purpose of immigration
recognition and registration of the children who have been
adopted by the necessary order in that regard before this Court.
The said No Objection Certificate shall be in the format as
observed by the Hon’ble Apex Court in the case of Prema Gopal
(supra) and the authority is directed to issue the certificate in
that manner only as required.



8.       With the aforesaid conclusion, the present petition is partly
allowed. Rule is made absolute to the aforesaid extent. Direct
service is permitted.


                                                             (HEMANT M. PRACHCHHAK,J)
ANUSRI


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ANUSRI VASU(HC02352), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 13/03/2026 17:21:15




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