KYLE SPENCER ALLEN Vs. SOBAN SINGH
LAWS(UTN)-2013-12-31
HIGH COURT OF UTTARAKHAND
Decided on December 13,2013

Kyle Spencer Allen Appellant
VERSUS
SOBAN SINGH Respondents

JUDGEMENT

Brahma Singh Verma, J. - (1.) HEARD .
(2.) BY means of this petition, the petitioner has sought a writ in the nature of certiorari quashing the impugned judgments & orders dated 24.05.2012 and 25.10.2012, passed in Misc. Application No. 06 of 2011, Kyle Spencer Allen vs. Soban Singh and others, pending before the Court of Additional District Judge, Tehri Garhwal and allow the application under Order 47 Rule 1 read with Section 114 and 151 C.P.C. and call for the record of Misc. Application No. 06 of 2011, Kyle Spencer Allen vs. Soban Singh & others, pending before the court of Additional District Judge, Tehri Garhwal. By order dated 24.08.2012 and order dated 25.10.2012, learned District Judge, Tehri Garhwal has directed to issue the public notices in the daily news paper circulating in India whether any national or mission or any Indian want to adopt the child because the applicant is a foreigner. Further a list be called from the Ministry of Social Welfare and Child Development, Government of India and Ministry of Social Welfare and Child Development, Government of Uttarakhand to furnish the list of institutions, who may adopt the minor. Petitioner is directed to take step within 10 days for publication and the notice to Ministry of Social Welfare and Child Development, Government of India and Ministry of Social Welfare and Child Development, Government of Uttarakhand to ensure whether any institute or agency want to adopt the minor child.
(3.) AGAINST the order, a review application was also filed that too was dismissed by the Court. Learned counsel for the petitioner has contended that the learned Court has committed an error of law in not considering the relevant para No. 11 of the judgment of Lakshmi Kant Pandey vs. Union of India, : AIR 1984 (2), SCC, 244 and para No. 8 of Anokha (Smt.) vs. State of Rajasthan and others, : 2004 (1) SCC, 382.;


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