GUWAHATI, India, June 2 -- Gauhati High Court issued the following order on April 30:

1. Heard Mr. G. Khandelia, learned counsel, appearing for the petitioners. Also heard Mr. K. Gogoi, learned Public Prosecutor, appearing for the respondent no.1; Ms. M. Bhattacharjee, learned Additional Senior Government Advocate, appearing for the respondent nos.2 and 3; Ms. A. Gayon, learned C.G.C, appearing for the respondent no.4; and Ms. N. Sarma, learned counsel, appearing for the Proforma Respondent No.6.

2. The respondent no.5 has filed an affidavit directly to the Registry of this Court, the same is also considered. 3. The petitioners by way of instituting the present writ petition have prayed for the following reliefs;

"(i) a writ in the nature of Mandamus and/or a Writ of like nature not be issued restraining the Respondent No.3 from making any demand to the Petitioners to surrender the child to the Respondent authorities and from taking any coercive steps against the Petitioners who have adopted the child under a valid Deed of Adoption; and

ii) a Writ in the nature of Mandamus and/or a Writ of like nature should not be issued declaring the adoption procedure as undertaken in the instant case to be a valid adoption as it has been executed in compliance of the Hindu Adoption and Maintenance Act, 2015;

iii) a Writ in the nature of Mandamus and/or a Writ of like nature should not be issued declaring the stand taken by the respondent authorities, that the instant adoption is illegal, to be an erroneous one as the instant adoption does not attract the provisions of the Adoption Regulation, 2017 in which the respondent authorities are stuck with;

iv) a Writ in the nature of Mandamus and/or a Writ of like nature should not be issued directing the Respondent Authorities not to give any effect to the F.I.R dated 23.03.2018 and to declare it malafide and not maintainable as the section imposed in the said F.I.R does not attract any offence at all against the petitioners;

v) a Writ in the nature of Certiorari and/or a Writ of like nature should not be issued setting aside and quashing the impugned F.I.R dated 23.03.2018 as the ingredients of section imposed in the said F.I.R does not attract at all against the petitioners;"

4. The facts in brief requisite for adjudication of the issues arising in the present writ petition is noticed, as under ; The petitioners who are husband and wife, not being blessed with a child even after long lapse of period after their marriage were desirous of adopting a child. On the other hand, the Proforma Respondent No.6, had given birth to a male child on 05.01.2018, and in absence of the father of the child, the Proforma Respondent No.6 had to face much trouble at the time of delivery and thereafter to maintain the child being an unmarried mother. Accordingly, the Proforma Respondent No.6 had desire to give the child in adoption to a good couple. The petitioners, herein, approached the Proforma Respondent No.6 and expressed their willingness to adopt the male child and accordingly, with the consent of the Proforma Respondent No.6 and her family members, the petitioners adopted the male child and brought the child from the hospital on 08.01.2018. Thereafter, religious ceremonies as mandated to be performed for giving and taking in adoption a child including the "Dattak Homan", was performed by the petitioners on 02.02.2018. The child was named Manan Bukalsaria. Subsequently on 17.03.2018, a Deed of Adoption was executed by the petitioners and the Proforma Respondent No.6, in presence of witnesses and the same was registered in the Office of the Sr. Sub-Registrar, Kamrup (Metro) at Guwahati.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=rC8SUFuyEFsvB5V61cXUrDq74KNvfEAGK89VMJpDhieKZJJexFMKYiHM171sHT84&caseno=WP(C)/5063/2018&cCode=1&cino=GAHC010165412018&state_code=6&appFlag=)

Disclaimer: Curated by HT Syndication.