Cyrus Jalnawala And Jasmine Jalnawala v. Freya Cyrus Jalnawala(Minor)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS GENERAL AND INHERENT JURISDICTION INDIAN ADOPTION PETITION NO. 2 OF 2017 WITH JUDGES ORDER NO. 19 OF 2017 IN INDIAN ADOPTION PETITION NO. 2 OF 2017 FREYA CYRUS JALNAWALA... Minor 1 Cyrus Jalnawala 2 Mrs. Jasmine Jalnawala ... Petitioners Mrs.Rakesh Kapoor for Petitioners.

Mr.O. Hareendran, Scrutiny Officer of ICSW.

CORAM : K.R.SHRIRAM, J.

(IN CHAMBERS) DATE : 15th FEBRUARY, 2017 P.C.

This is a Petition for the adoption of a Female minor, Freya, born on 20th December 2004. The said minor was an inmate of St. Catherine's Andheri West, Mumbai. The said St. Catherine's Home proposed the said minor in Guardianship to the Petitioners herein. The Petitioners have filed an Indian Guardianship Petition No. 16 of 2006 for guardianship of said female minor. The said Adoption Petition was filed by the Petitioners as per 1/4

the provisions of the Judgement dated 27th October, 1999 of the Honourable Shri Justice F.I. Rebello (2000 All. MR. Pg.39). The said Petition was granted on 22nd February 2006. By virtue of the said order dated 22nd February 2006, the minor was taken into Guardianship by the Petitioners Cyrus Jalnawala and Mrs. Jasmine Jalnawala.

The Petitioners are residing at Borivali, Mumbai, aged about 56 and 50 years, respectively. They have been married for the past 14 years. They have no biological children of their own. They are in good health. I have considered the petition, annexures thereto and the Report dated 11th February, 2017 from the Scrutiny Officer of Indian Council of Social Welfare (ICSW) which is taken on record and marked 'X' for identification. The first Petitioner is working as a Senior HR Manager (Internal Job Title) in Human Resources Function with Dow Chemical International Pvt. Ltd., Vikhroli, Mumbai since 22nd September 1997 and his monthly salary is Rs.6,51,670/- approximately. His Salary Certificate, Tax Returns are on record. The Second Petitioner is self employed (Free Lance Trainer cum Consultant for several years for Resources Training) and as per Chartered Accountant Certificate, her gross total income for the Assessment Year 2/4

2016-17 is Rs.5,23,122/-. Her Income Tax Returns are on record. The Insurance Certificates and Bank references, financial investments of the Petitioners are on record.

The Petitioners filed Guardianship Petition No.16 of 2006 in this Court. This was allowed by an order dated 22nd February, 2006. The Petitioners now require an adoption order for Municipal Corporation Records. Hence this petition. As per direction of this Honourable Court the Petitioners had deposited Rs.2,00,000/- in the name of said child in HDFC Children's Gift Fund on 27th February 2006. They have also taken two LIC Policies in the name of the said minor under Komal Jeevan Plan and Jeevan Sugam.

The Home Study Report of the Petitioners and the child are on record. The follow up Report of the proposed minor Freya dated 29th December 2016 is on record. In the said report, it is stated that she is active in all her physical movements. She is very attached to her grandparents and also her cousins. She goes to Mary Immaculate Girls High School, a Convent at Borivali West and she is studying in VIIth standard. Therefore, I do not find any impediment in granting the relief sought in this petition. 3/4

In view of this, the petition is allowed and the Judges Order is separately signed.

(K.R. SHRIRAM, J.) 4/4