HC: Put adoption cases on fast track (Orissa)
2 November 2010
| HC: Put adoption cases on fast track |
| OUR CORRESPONDENT |
| Cuttack, Nov. 2: Orissa High Court has ordered for quick disposal of adoption cases pending in different courts in the state. The order was passed on a PIL on early disposal of adoption cases by different courts of competent jurisdiction in the state for the welfare of children. Ramesh Kumar Sahu, a member of the High Court Bar association, filed the PIL seeking direction to the state government for setting up guidelines and procedures for early hearing and disposal of adoption petitions regarding those within the country and pending before competent courts in the state within a time frame. The petitioner expressed concern that adoption cases had been pending in different courts in the state for years, resulting in suffering of the adopting parents. Even petitions, filed in 2006, had been pending for disposal. Taking out birth certificates of adopted child without court orders was becoming a difficult task. Moreover, without birth certificates school admissions of the adopted children were being delayed, the petitioner contended. The petition pointed out that the Supreme Court guidelines, given in one Laxmikant Pandey’s case in 1984, were not being followed. While disposing of the PIL, recently, the two-judge bench of Chief Justice V Gopal Gowda and Justice Indrajeet Mohanty ruled: “In view of the decision of Supreme Court in the case of Laxmikanta Pandey, there is no need for this court to make any further observation in the matter and it would suffice for us to give a direction to the registrar general of this court for issuance of necessary circular / instruction to judges of competent courts in the state who are dealing with the adoption cases to see that such cases pending in their courts should be disposed of in the light of the observation / direction made by the apex court.” “The registrar general, while issuing the circular to the courts, shall also enclose a copy of the judgment in Laxmikant Pandey’s case,” the bench ordered. The Supreme Court had ordered that when a request is received from recognised agencies, the competent courts may consider the feasibility of such transfer of children, whose parents are not known, orphans and perhaps those who are declared as abandoned. And keeping the interest of the child in view, the possibility of an adoption within a short period and the facilities available in the recognised agency as also, other relevant features, make appropriate orders. |