Follow Hague Convention on adoption: HC tells Indian couple in Germany
BENGALURU: The High Court of Karnataka has directed a couple from India to follow the Hague Convention and apply for a 'Conformity Certificate' for their adopted child through the German authorities as the husband is a resident of that country.
The couple had knocked on the doors of the HC seeking a direction to the District Child Protection Unit for issuing them with a 'No Objection Certificate' (NOC) and a 'Conformity Certificate'.
The couple had adopted a girl child and the adoption deed between the biological mother and the couple was registered before the sub-registrar in the district headquarters town of Chikkaballapura on March 29, 2023.
ALSO READ: DK Shivakumar demands Bharat Ratna for former Karnataka CM D Devaraj Urs
The Deputy Commissioner had also verified the deed and recommended that necessary action be taken for the adoption.
But still the District Child Protection Unit refused to grant them the NOC and Conformity Certificate.
Their petition was heard by Justice M Nagaprasanna.
The Deputy Solicitor General of India, H Shanti Bhushan, who appeared for the Union, contended that the adoption under the Hindu Adoption and Maintenance Act was not internationally recognised and any inter-country adoption has to be done through the Hague Convention.
Under the Hague Convention to which Germany was also a signatory, the couple were required to go before the country in which the father resides, communicate a mail to the Indian counterpart under the adoption regulations and within 10 days a certificate and NOC would be issued in this country.
Agreeing with the argument, the HC in its judgement said: The aforementioned norms would indicate inter-country adoption of German national.
Therefore, the petitioners shall knock at the doors of the authorities in Germany under the Hague convention seeking a communication to India for issuance of NOC and Conformity certificate.
On receipt of the said communication from the aforesaid authority of Germany, the appropriate authority the CARA (Central Adoption Resource Authority), without brooking any delay, issue a no objection certificate and a conformity certificate.
Refusing the petition seeking a direction to the authorities, the HC said: "If what is sought by the petitioners is granted, it would run counter to the established procedure. Therefore, the inter-country adoption should necessarily be in tune with the procedure quoted supra."
The HC disposed of the petition giving the couple the liberty to approach the German authorities to communicate to the CARA for necessary action.
The Authority was also directed to issue the necessary certificate within ten days of receiving the communication from the German authorities.
Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.
Islamabad locked down ahead of planned protest by Imran Khan's party in Pakistan
Islamabad (PTI): Amid stringent measures put in place by the Pakistan government to thwart the protest march on Sunday, jailed former prime minister Imran Khan's party is preparing to proceed with its highly anticipated march towards Islamabad.
The Pakistan Tehreek-e-Insaf (PTI) party, led by former Prime Minister Imran Khan, has called on the public to join the march to "break the shackles of slavery."
The federal government has taken several steps to block the protest, including deploying heavy security forces, sealing key roads, and setting up barriers around the capital.
The Interior Ministry has emphasised that, in accordance with court orders, no protests or sit-ins will be allowed in Islamabad, and any attempts to disrupt public order will be met with legal action.
Khan, in a statement, urged the masses to unite for the protest, calling it a movement for freedom and justice.
The PTI leaders earlier on Sunday held a high-level meeting at the Khyber Pakhtunkhwa Chief Minister’s House to finalise the strategy for the planned protest, Geo News reported.
Khyber Pakhtunkhwa Chief Minister Ali Amin Gandapur has said that he will arrive in Swabi at 3pm to oversee the preparations for the planned protest and lead the party's march to Islamabad, the report added.
The chief minister also directed the party's activists intending to attend the march to reach Swabi by 3pm.
Ignoring calls by the government to postpone the protest – the second one in as many months – Khan's Pakistan Tehreek-e-Insaf (PTI) declared to go ahead with its planned march to Islamabad coinciding with the arrival of a large Belarusian delegation even as the authorities issued a warning of a potential threat during the protest.
The PTI gave a call last week for a long march to Islamabad to press for three demands: the release of the incarcerated party founder and other leaders, against the alleged “stolen mandate” during February 8 elections and restoration of the judiciary by revoking the recent 26th amendment to the Constitution that granted legislators more power in appointing top judges.
Meanwhile, Khan’s wife, Bushra Bibi, has opted not to participate in the protest but will oversee the convoys from the Khyber Pakhtunkhwa Chief Minister's House.
In preparation for the protest, Islamabad’s federal government has fortified security measures, sealing off several key roads and blocking routes leading to the Red Zone, where critical government buildings are located.
Containers have been placed across the city, including along the Srinagar Highway, GT Road, and the Expressway, limiting access to strategic areas like D-Chowk, Islamabad Airport, and the A-11 point at New Margalla Road.
Rangers, along with police and Frontier Constabulary (FC), have been deployed to monitor the area. The federal government has also warned against any unlawful protests, stating that no one will be permitted to hold a demonstration in violation of judicial orders, with legal action promised against any violators.
Also, Pakistan Railways has suspended all train services between Lahore, Rawalpindi, and Peshawar in light of the ongoing PTI protest, the Express Tribune reported.
According to railway authorities, services between Peshawar and Rawalpindi, Lahore and Rawalpindi, as well as between Multan and Faisalabad to Rawalpindi, have been halted immediately.
Additionally, all 25 train bookings for Sunday, November 24, have been cancelled, and passengers will receive immediate refunds for their tickets.
The suspension of services and the cancellation of bookings have impacted daily commuters and travellers, as Pakistan Railways responds to the security situation surrounding the ongoing protests.
Section 144 – which prohibits gatherings of individuals – has been in effect in Islamabad since November 18. On the other hand, the Punjab government too has enforced Section 144 across the province from November 23 to November 25, banning protests, public gatherings, rallies, and sit-ins.
Despite the heightened security and restrictions, the PTI has remained persistent about proceeding with its protest march and subsequent sit-in to press for its demands.
Additionally, internet and mobile services have been partially suspended in Islamabad, Khyber Pakhtunkhwa, and Punjab as a precaution.
Users in Islamabad are facing partial disruptions in internet services at various locations, while it remains unhindered in neighbouring Rawalpindi.
Meanwhile, mobile services also remain fully operational in Rawalpindi.
Public transport, including metro bus services in Islamabad and Rawalpindi, has been halted, and all bus terminals at Faizabad, linking the twin cities, have been barricaded.
Khan, 72, has been implicated in dozens of cases since his government was dismissed through a no-confidence motion in 2022. He has been in Adiala Jail at Rawalpindi since last year facing, according to his party, over 200 cases; got bail in some of them, convicted in some others, and hearings going on for some more.
Khan's party won the largest number of seats in the February general elections despite contesting as independents as the party was denied an election symbol and the PTI chief has already alleged that the ruling Pakistan Muslim League-Nawaz (PML-N) and its coalition partners, including Pakistan Peoples Party (PPP) had “stolen the mandate” to grab power at the federal level.
Relations between the PTI and the PML-N-led coalition government -already tense since Khan’s ouster in 2022 - have strained even more in recent times.
