Swti, Bal Vikas v. Henrik Ludvigsen And Karen Karsholm Ludvigsen

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS GENERAL AND INHERENT JURISDICTION FOREIGN ADOPTION PETITION NO. 1 OF 2017 Heena ... Minor SWTI, BAL VIKAS .. Petitioner And

1) Henrik Ludvisgen

2) Karen Karsholm Ludvigsen .. Proposed Adopters Smt. Lalita Jaya Raj for petitioner.

Mr.O. Hareendran, Scrutiny Officer of ICSW.

CORAM : K.R.SHRIRAM, J.

(IN CHAMBERS) DATE : 18TH JANUARY, 2017 P.C.

The petition proposes the adoption of a female minor Heena, born on 5th February 2015 by two Danish nationals residing at Denmark. Heena was found abandoned by Kurar Police Station on 8th February 2015. She was produced before the Child Welfare Committee, Mumbai Suburban on 9th February 2015 and the safe custody was given to the petitioner institutionBal Vikas vide order, dated 9th February 2015 under Section 33(i)(a) of the Juvenile Justice Act, 2000.

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The Child Welfare Committee has issued an order, dated 3rd July 2015 stating that Police evidence was recorded and Final Report was received. The photo publication has been done in two local newspapers Apla Mahanagar on 31st March 2015 and Sakal on 14th April 2015 and Final Report of the Social Worker of Bal Vikas is also submitted. After the child was found on 18th February 2015, no one has come forward to claim the child. The child has been declared legally free for adoption on 3rd July 2015 under Section 41(5)(a) and committed to Bal Vikas under Section 39 (iii)(f) of the Juvenile Justice Act, 2000, as amended. I have considered the petition, annexures thereto and the Report from the Scrutiny Officer of Indian Council of Social Welfare (ICSW). In the representation/report, there is a noting in the report 'The childcare arrangement letter from the proposed adopters need to be submitted to the Hon'ble Court". The report of ICSW is taken on record and marked 'X-1' for identification.

The counsel appearing for the petitioner tenders a compilation of documents in which is a letter, dated 26th October 2016 from the proposed adopters containing the Child Care Arrangement. The same is taken on record and marked 'X' for identification. All the other requisite documents are annexed to the petition.

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The adoptive parents are aged 50 years (father) and 43 years (mother) respectively. They have been married for 13 years with no biological children. They, however, have one adopted son-Simon, aged about 7 years from Thailand. Their Health Reports are also are stated to be in order. The adoptive father is working as a Partner with Pricewaterhouse Coopers, Skjern, Denmark and the adoptive mother is working as Accountant Assistant with a company Vestjysk, Denmark. It is stated in the report that their combined income is sufficient to manage, take care of this childHeena. The home study report is also positive, so also their medical report. The medical examination of the minor child has been provided to the adoptive parents and they have countersigned the report. In view of this, the petition is allowed and the Judges Order is separately signed.

(K.R. SHRIRAM, J.) 3/3