Indian Association For Promotion Of Adoption And Child Welfare v. Rishi Bhagwandas Agrawal And Sandhya Rishi Agrawal(Proposed Adopters)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION AND IN ITS GENERAL AND INHERENT JURISDICTION INDIAN ADOPTION PETITION NO. 38 OF 2021 WITH JUDGE'S ORDER NO. 64 OF 2021 Indian Association for Promotion of Adoption & Child Welfare

...Petitioner

Versus

Rishi Bhagwandas Agrawal & Sandhya Rishi Agrawal ... Proposed Adopters Mr. Pushkar Nagpurkar - Advocate for the Petitioner. Mr. O. Hareendran, Scrutiny Officer, Indian Council of Social Welfare, present.

Mr. D. R. Talekar - Chamber Registrar, present. .....

CORAM :DAMA SESHADRI NAIDU, J.

DATE : 18th JUNE, 2021.

P.C. :

Heard Shri Pushkar Nagpurkar, the learned counsel for the Petitioner, and Shri O. Hareendran, the Scrutiny Officer, Indian Council of Social Welfare (ICWS), in the Court through a VC link.

2. The petition proposes adoption of a boy, Anay, born on 04 November 2019. The child was surrendered by the biological mother before the Child Welfare Committee, Mumbai, City-II, on 17 December 2019. The Committee

inquired and passed the '

legally free for adoption' order under Section 38 of Juvenile Justice (Care and Protection of Children) Act, 2015 on 14 October 2020. The order is placed on record.

3. The proposed adoptive parents are Indian nationals residing at Khamgaon, Buldana. They are aged about 46 and 44 years, having been married for the past 9 years with no biological child due to medical reasons. The proposed adopters' motivation letter has been placed on record. In that letter, they state that they both have always dreamt of being parents, but they remained childless. With the knowledge that adoption is a great option of becoming parents, they have decided to adopt a child. The Adoption Committee, in its meeting held online on 01 January 2021, 04 January 2021 and 06 January 2021, granted principal approval for adoption, subject to the proposed adopters' furnishing the required documents. That Committee' s order, too, has been placed on record.

4. The prospective adoptive father has been working as a Shift in-charge with Shivangi Bakers Pvt. Ltd., Khagaon, Buldana since 07.08.2007 with an yearly gross salary of Rs. 4,07,835/-; the prospective adoptive mother is self-employed, giving tuitions at home, with an annual income of Rs.96,000/-. Financial documents, such as salary slips, copies of PAN card, AADHAR card, provident fund statement of the adoptive parents have been placed on

record together with proof of residence and other supportive documents.

5. Medical reports of the adoptive parents showing that they are in good health for adopting the child, along with their negative HIV and other test reports, have also been placed on record.

6. A home study report of Part-I:self assessment and assessment report in Part-II by the Social Worker of the Love Trust, Buldana, have also been placed on record. The said report has considered and found the proposed adoptive parents suitable for adopting a child.

7. Child security undertaking, furnished by the prospective adoptive mother'

s sister and the brother-in-law, residing at Bangalore, has been placed on record. They offer to look after the minor child if any mishap befalls the prospective adoptive parents.

8. The minor's medical examination report, indicating the child to be a normal and healthy one and countersigned by the prospective parents, has been placed on record. It is filed together with the prospective adoptive parents' declaration of consent and willingness. Health certificates, such as negative HIV report, of the minor have been placed on record.

9. Considering the material placed on record, some of which has been referred to above, and compliances noted

as above, this Court is of the view that the adoption petition deserves to be allowed. In this regard, the report of the Scrutiny Officer, dated 11 June 2021, is taken on record, marked 'X' for identification.

10. The petition is, accordingly, allowed in terms of prayer clauses (a) to (d).

11. In tune with this Court'

s practice note for Indian adoptions, the prospective adoptive parents have offered to invest in the child's name Rs. 1 lakh and submit a report of such investment.

12. A separate Judge'

s Order for appointing the prospective adopters as adoptive parents of minor Anay is signed by this Court today.

[DAMA SESHADRI NAIDU, J.]