Delhi High Court Directs CARA To Issue NOC To NRI Couple For 2011 Adoption
Live LawDirecting CARA to issue an NOC within 30 days to an NRI couple for adoption of a child, the Delhi High Court in a ruling said the application being prior to the coming into force of Adoption Regulations, 2022, the "adoption would not be strictly required to be dealt with in the procedure prescribed in the said Regulations." "The Court finds that in the present case the adoption dates back to 2011 and the application seeking NOC was filed much before the Regulations came into force on 23rd September, 2022. Though Director CARA Jagannath Pati told the court that the District Magistrate has already been contacted and is likely to send the verification shortly, the court said: "Irrespective of whether the DM’s verification, is received or not, in the unique facts of this case, which predates the coming into force of the Regulations, the NOC shall now be processed and issued by Respondent to the Petitioners within a period of 30 days from today, subject to availability of all documents on the record of CARA," said the court. After CARA failed to issue the NOC, the petitioners filed a writ petition before the high court.