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Bombay High CourtIAP/23/2020disposed off

Upamanyu Bhattacharya And Vanashree Ghate Bhattacharya v. Ananya Bhattacharya

2020-11-04Hon'Ble Shri Justice A. K. Menon3 pages

N THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION AND GENERAL & INHERENT JURISDICTION INDIAN ADOPTION PETITION NO.21 OF 2020 In the matter of adoption of Ms.Ananya Bhattacharya Upamanyu Bhattacharya Vanashree Ghate Bhattacharya ... Petitioners Mr. Rakesh Kapoor for the Petitioners.

Mr. O. Harindran Nambiar, Scrutiny Officer, ICSW, is present. Mr. Arun Kesarkar, 3rd Assistant Master, High Court, Bombay, is present. CORAM : A. K. MENON, J.

TH NOVEMBER, 2020.

DATED : 4 (THROUGH VIDEO CONFERENCE) P.C. :

1.

This petition seeks a declaration of valid adoption of the minor, who is presently under the guardianship and custody of the petitioners as prospective adoptive parents and who seek leave to adopt the minor. 2.

The petitioners were appointed as guardians vide an order dated 26 th September 2017 passed by this court. The petitioners have annexed certificates of their medical fitness. The petition also annexes therewith 1/3

certificates and documents evidencing gainful employment of the prospective adoptive father and the prospective adoptive mother, who is a house-wife but is also an arts based therapist for "at risk" children. 3.

The Home study report prepared by St. Catherine's Home from guardianship to adoption is on record. The prospective adoptive mother and the prospective adoptive father have both executed writings confirming suitability of adoption. The petitioners also have the biological child - a daughter, who is born on 7 th October 2000.

Medical fitness certificate of the biological child is also annexed so as the consent letter dated 26 th November 2019. The petitioners are present on this video conference hearing so is the minor child Ananya. 4.

Having interacted with Ananya and the petitioners and in view of the judgment of this court reported in 2000 ALL Mah. 39, dated 27 th October 2019, I have no hesitation in allowing this petition. Accordingly, I pass the following order :- (i) Petition is allowed. Judge's Order is signed separately. (ii) In addition. Petitioners shall invest a sum of Rs.2,00,000/- in the name of the minor in a fixed deposit of a nationalised bank of a duration beyond her attaining majority within six weeks from today. (iii) The petitioners shall not give the child in adoption without prior sanction of this court. Undertaking to that effect and compliance with deposit as above be filed 2/3

within six weeks by both petitioners.

(iv) Petition is disposed in the above terms.

(iii) This order shall be digitally signed by the Private Secretary of the court.

(A. K. MENON, J.) Sandhya Wadhwa Sandhya Wadhwa Date: 2020.11.07 14:34:16 +0530 3/3