Vatsalya Trust v. Madhusudhanan Chandrabose And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS GENERAL AND INHERENT JURISDICTION FOREIGN ADOPTION PETITION NO. 3 OF 2021 WITH JUDGE'

S ORDER NO. 16 OF 2021 IN FOREIGN ADOPTION PETITION NO. 3 OF 2021 Vatslya Trust .. Petitioner And

1. Mr. Madhusudhanan Chandrabose

2. Mrs. Sangeetha Krishnan Chettiyar Premavathy .. Prospective Adoptive Parents *** Ms.Santeeta Nagpal for petitioner.

Mr.O. Hareendran, Representative of ICSW present. Mr. Arun Kesarkar, 2nd Asstt. Master present. CORAM : N.J. JAMADAR, J.

DATE : 3rd FEBRUARY 2021 (IN CHAMBERS) P.C.

1.

The petition is for an inter-country adoption of a female minor child under section 59(7) of the Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter referred as 'the Act, 2015'). The petition is preferred by Vatsalya Trust, Mumbai, an authorised adoption agency, in whose custody, the child was entrusted by the order dated 24-09-2019. The petition is supported by the affidavit of Mrs. Nanda Sangode, the authorised representative of the petitioner.

2.

Perused the report of Mr.O. Hareendran, Scrutiny Officer of Indian Council of Social Welfare.

2/5 3.

The minor is a surrendered child born on 22-09-2019. Post enquiry envisaged under section 38 of the Act, 2015, the Child Welfare Committee, Mumbai Suburban District, Mumbai has declared the child legally free for adoption by its order dated 2-12-2019.

4.

The Central Adoption Resources Authority (CARA) has given no objection to the adoption of the child by the prospective adoptive parents : Mr.Madhusudhanan Chandrabose and Mrs. Sangeetha Krishnan Chettiyar, who are Indian nationals based in Singapore under the Adoption Regulations Act, 2017 and Article 17(c) of the Hague Convention on the Protection of Children and Co-operation in respect of Inter-Country Adoption, 1993, on 20-03-2020.

5.

The Adoption Committee has found the prospective adoptive parents suitable to adopt the child. The High Commission of India, Singapore has also given its no objection on 20-12-2016 for adoption of an Indian child to the prospective adoptive parents and certified them eligible to adopt the child.

6.

The child study and the medical examination reports of the child indicate that the child is developmentally normal. The prospective adoptive parents have perused and understood the contents of the medical reports and are willing to accept the child as their adoptive child. They have countersigned the medical reports. The HIV test of the child is also

3/5 negative.

7.

The marriage of the prospective adoptive parents was solemnized at Vanchiyoor Village, District Thiruvananthapuram on 4-07-2010. The efforts of the parents to conceive the child biologically have not been successful. They have no biological issue. The prime motivation for adoption seems to be the desire to have a family.

8.

The medical reports of the prospective adoptive parents reveal that none of them is suffering from any infectious or serious disease and they are medically fit to adopt a child.

9.

Today, the learned counsel for the petitioner has tendered a compilation containing four documents which comprises the latest medical reports of the prospective adoptive parents which do not reveal any medical condition which reflect adversely on their fitness to adopt the child. The said compilation is taken on record. 10.

The prospective adoptive father Mr. Madhusudhanan is working as a Senior Application Consultant with Optimum Solutions (S) Pte. Ltd., Singapore since 1-01-2016. His salary slip for the month of December2020, filed today, indicates that his monthly earning is S$ 7,717.39. The prospective adoptive father has also tendered his income tax assessment reports including latest report dated 29th June 2020. The prospective adoptive mother Mrs. Sangeetha Krishnan claimed to have resigned her job

4/5 to be able to provide full child care. The prospective adoptive parents seem to be financially stable and secure.

11.

The Psychological Assessment Report of the prospective adoptive parents reveals that the the prospective adoptive parents are well equipped to be parents.

12.

The home study carried out by the High Commission of India in Singapore found the couple very cordial and helpful. They have basic value systems ingrained in their everyday life and living. The Commission has, thus, strongly recommended the case of the prospective adoptive parents for adoption of a child from India. The decision of the prospective adoptive parents to adopt the child seems to have been supported and well received by their family and friends.

13.

Mrs. Kavitha Krishnan Premavathy and Mr.Sadasivan Arun, sister and brother-in-law of Mrs.Sangeetha Krishnan, the prospective adoptive mother have filed an undertaking, whereby they have undertaken to take care of the child in the event of any unforeseen eventuality. 14.

The High Commission of India at Singapore has also certified that it will facilitate and assist through its CARA authorised consultant the post adoption follow-up procedures in respect of the prospective adoptive parents.

15.

In the backdrop of the aforesaid material, certificates and

5/5 undertaking, especially the favourable home study, psychological study report, and financial standing of the prospective adoptive parents, their situation in life, their level of motivation and overall disposition, I am persuaded to hold that the prospective adoptive parents are physically fit, financially sound, mentally alert and highly motivated to adopt the child and have the potential to provide a good upbringing to the child. Conversely, I do not find any impediment in allowing the petition. 16.

Hence, the petition deserves to be allowed. Thus, the following order:

O R D E R

(i) The petition is allowed in terms of prayer clauses (a) to (e).

(ii) The child shall not be offered for further Digitally signed by Shraddha K. Talekar Date:

2021.02.08 19:05:10 +0530 Shraddha K.

Talekar adoption.

(iii) Judge's order is signed separately.

(iv) Undertakings are accepted.

The petition stands disposed of in the aforesaid terms.

[ N.J. JAMADAR, J. ]