VidhiSangh

Supreme Court of India · 25/02/2019

UNION OF INDIA & ANR. ETC. versus ANKUR GUPTA & ORS.

[2019] 4 S.C.R. 31 · 2019 INSC 264

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Summary

The Court held that prospective adoptive parents who had both become US citizens could not retain consideration as resident Indians on their earlier registration. A common seniority list did not erase the separate statutory adoption routes. It set aside the High Court’s direction but ordered fresh notification of the child and conditional inter-country adoption by the couple if no Indian prospective parents adopted her within sixty days.

Issues

  1. Whether acquisition of foreign citizenship affected consideration on an earlier resident-Indian registration.
  2. Whether a common seniority list or exceptional circumstances permitted departure from the statutory procedure.

Provisions considered

Held

Result

Administrative decision upheld and High Court directions based on the first registration set aside. Fresh notification within one week and conditional adoption after sixty days directed. Contempt applications rejected; parties to bear their own costs.

Judgment PDF: Supreme Court of India, [2019] 4 S.C.R. 31.