- (1.) Leave granted.
(2.) Baby Alka Singh is the daughter of Smt. Anokha and Sumer Singh Yadav. Sumer Singh Yadav was a taxi driver. The respondent Nos. 2 and 3 are Italian nationals. During their frequent visits to India either singly or jointly for the last 20 years, they used Sumer Singh's taxi to tour the country. About three years ago, Sumer Singh died as a result of an accident which took place after he had dropped the respondent Nos. 2 and 3 at their destination. Sumer Singh and Anokha, the appellant before us, had six children, five of whom were girls. After Sumer Singh's death, the respondent Nos. 2 and 3 who at that point of time had no children of their own wanted to adopt one of the girls viz., Baby Alka. Smt. Anokha agreed.
(3.) In January 2001, a petition was filed by the respondent Nos. 2 and 3 under Sections 7, 10 and 17 of the Guardians and Wards Act, 1890 in the Court of District Judge, Alwar in which it was stated inter alia that they were issue-less, that they were responsible citizens, that they have their own business and have a very good income, that they own movable and immovable properties in Italy, that they would love and look after the well-being of Baby Alka and provide her the best education and milieu at Italy. In support of their application, the respondent Nos. 2 and 3 filed the following material before the District Judge : 1. Acertificate of the Public Prosecutor of the Court of Venice to the effect that there were no criminal proceedings pending against either of them; 2. Report of the Family Advisory Bureau of the local Health Office consequent upon investigation made giving the family background of the respondents, the present financial status, their vocation, their social status and their personality. The conclusion in the report was that the couple had been married since 1986 and they always wished to have a natural child and another adopted one. They had till the date of the report been unsuccessful in having a child of their own; 3. A certificate of the psychologist and a social worker relating to their residential accommodation, the marital harmony between the respondent Nos. 2 and 3 and their parental competency; 4. A certificate of citizenship issued by the municipal authorities; 5. A decree of the Juvenile Court of Venice on the basis of the material collected declaring that the couple was "well-balanced, mature, cohesive, conscious of the problems concerning adoption" and that they were "suitable to adopt a minor of foreign nationality"; 6. Income-tax records certifying solvency; 7. A certificate issued by the Chamber of Commerce, Industry and Agriculture, Venice relating to the business carried on by respondent No. 2.;