It was a fairy tale coming true for Alka, an Alwar taxi driver's daughter, as the Supreme Court allowed for her adoption by an Italian couple who always travelled by her father's taxi during their visit to India.

The childless couple decided to adopt Alka, one of the six daughters of taxi driver Sumer Singh and his wife Anokha, after they found that Sumer had died in a road accident hours after dropping them at their destination during their last visit to Alwar three years back.

The couple moved the district court at Alwar in January 2001 stating that they were responsible citizens having their own business with very good income and that they would give utmost love and affection to Alka.

But the district court, despite reiteration by Anokha and the couple with documentary proof about their bona fides, stuck to the view that since the adoption was sought to be effected by a foreign couple, the guidelines prescribed for 'Adoption of Indian Children' would have to be followed.

The guidelines required that the child must be sponsored by a social or child welfare agency recognised or licensed by the government of the country in which the foreigner is the resident.

The judge held that the guidelines would apply even if the child's biological parents were alive. The Rajasthan high court upheld the district judge's order.

Rejecting this view, an apex court bench comprising Justice Ruma Pal and Justice P V Reddi said the guidelines would not apply if biological parents of the child were alive.

Justice Pal, writing for the bench, said the district judge and the high court erred by not considering the material produced by the Italian couple and solely relying on the guidelines.

However, the apex court asked the couple to give an undertaking to adopt Alka within two years and to produce the child, if so required, till proof of adoption was filed with the district court.

In addition, the couple was asked to deposit Rs 50,000 to cover the airfare for the possible repatriation of the child to India till legal adoption takes place.