Ganesh Shikshan Prasarak Mandal v. Vyanktesh Madhukar Mahajan Indian National And ANR. (Prop.Adopters) And Diya @ Aarohi Mahajan(Minor
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION FOREIGN ADOPTION PETITION NO. 11 OF 2017 WITH JUDGES ORDER NO. 40 OF 2017 IN FOREIGN ADOPTION PETITION NO. 11 OF 2017 DIYA @ AAROHI MAHAJAN ... Minor Shri Ganesh Shikshan Prasarak Mandal ... Petitioner And Mr.Vyankatesh Madhukar Mahajan Mrs.Rohini Vyanktesh Mahajan .... Proposed Adopters Ms.Ashwini Andurkar, Advocate for Petitioner. Mr.O. Hareendran, Scrutiny Officer of ICSW present. CORAM : K.R.SHRIRAM, J.
(IN CHAMBER) DATE : 8th MARCH, 2017 P.C.
The petition proposes adoption of two female minor DIYA born on 4th August 2015 by the Indian National. On 5th October 2015, the said minor female child was found abandoned at the Nilanga Tq. Bus Stand, Dist. Latur in the jurisdiction of Nilanga Police Station. Subsequently, the said minor child was produced before the Child Welfare Committee, Latur by the said Police Authority and by an order dated 6th October 2015 passed by the Child Welfare Committee, the safe custody of the said minor female child was 1/5
given to the Petitioner Institution under the provision of Juvenile Justice Act, 2000.
The Child Welfare Committee, Latur has issued a Destitute Declaration on 12th August 2016 stating that "Newspaper photo publication of said femaleminor child were done in daily newspaper "Marathwada Neta" on 4th March 2016 and also called objection for rehabilitation of the said child. The Police submitted their Final Report and No Objection Certificate on 9th June 2016. However, till today, no one has approached either the Institution or Child Welfare Committee, Latur for claiming the child or accepting the responsibility of the child. Therefore, there is no other choice except for proceeding for rehabilitation of the child. Considering the above facts and circumstances, the Child Welfare Committee declared the said child "DIYA" to be destitute and free for adoption. The Free for Adoption order is on record.
The Central Adoption Resource Authority (CARA) New Delhi has given No Objection Certificate dated 2nd January 2017 in conformity with the guidelines governing the Adoption of Children. The No Objection Certificate issued by Central Resources Authority (CARA) is on record. 2/5
The proposed adopters are Indian Nationals, both residing at Singapore, aged about 42 and 39 years, respectively. They have been married for the past 06 years with no biological or adopted child. The Marriage Certificate dated 23rd January 2001 issued by the Registrar of Marriage, Aurangabad is on record.
I have considered the petition, annexures thereto and the Report dated 3rd March 2017 from the Scrutiny Officer of Indian Council of Social Welfare (ICSW) which is taken on record and marked 'X' for identification. The Medical Report of the proposed Adopters dated 15th October 2016 is on record. In the said Report it is stated that they are physically and mentally fit for adoption. The HIV & HbsAg Reports of the proposed Adopters are Non-Reactive.
The Proposed Adoptive Father is currently employed as a Works Package Manager-Proceess with Lendlease Singapore Pte. Ltd. since 25th March 2015 and his monthly salary is S$ 9,875. He was earlier working as a Principal Mechanical Engineer with Jacob Engineering Singapore Pte. Ltd. The proposed Adoptive Mother is Homemaker.
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The Tax statement, Central Provident Fund Statement, Latest Bank Statement, Proof of Property/residence and the Income Tax Notice of Assessment for the year 2015-16 are on record. The Home Study Report dated 23rd July 2014 by authorities of "Touch Family Services Ltd., Singapore" is on record. In the said report, it is stated that the couple has good financial status, stable marital foundation, favourable home environment and suitable child care arrangement. The Home Study Report dated 23rd July 2014 and Certificate as well as Undertaking dated 9th July 2014 and 4th August 2014 by the Ministry of Social and Family Development, Singapore are on record. The H.I.V. Report dated 7th January 2017 of the proposed Minors is on recored. In the said Report it is stated that the H.I.V. of said Minor is Non-Reactive. The Medical Report dated 16th September 2016 of the said minor DIYA is on record. In the said report,, it is stated that the said minor is normal. The said Medical Report is countersigned by the proposed Adopters.
The Declaration of Willingness and the Undertaking by the proposed Adopters is on record. The Undertaking dated 9th November 2015 given by 4/5
th High Commission of India, Singapore is on record. Therefore, I do not find any impediment in granting the relief sought in this petition. In view of this, the petition is allowed and the Judges Order is separately signed.
(K.R. SHRIRAM, J.) 5/5