Shraddhanand Mahilashram Through Kshma Joshi v. Amit Anant Dasurkar And Pratiksha Amit Dasurkar And Atiksha Amit Dasurkar (Female Minor)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION AND IN ITS GENERAL AND INHERENT JURISDICTION INDIAN ADOPTION PETITION NO. 37 OF 2021 WITH JUDGE'S ORDER NO. 62 OF 2021 Shraddhanand Mahilashram Through Kshama Joshi

...Petitioner

Versus

Amit Anant Dasurkar and Pratiksha Amit Dasurkar and Atiksha Amit Dasurkar (Female Minor) ...Proposed Adoptive parents .....

Mr. Rakesh Kapoor - Advocate for the Petitioner. Mr. O. Hareendran Nambiar, Scrutiny Officer, Indian Council of Social Welfare, present.

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

CORAM : DAMA SESHADRI NAIDU, J.

DATE : 02nd JULY 2021.

P.C. :

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

2. The petition proposes adoption of a girl, Amruta, born on 29th September 2019. The child was admitted to Seema 1/5

the Petitioner institution, Shraddhanand Mahilashram on 03rd October 2019 as per the Order dated 04th October 2019, of the Child Welfare Committee, Mumbai City II. Thereafter, on 20th February 2020, the unwed mother executed a deed of surrender of a girl, before the Child Welfare Committee, Mumbai City II. The admission order and Social Worker's final report have been placed on record. Later, on 15th June 2020, the Child Welfare Committee inquired and passed the 'legally free for adoption' order under Section 38 of Juvenile Justice (Care and Protection of Children) Act, 2015. That order, too, is placed on record.

3. The proposed adoptive parents are Indian nationals, residing in Bhandup, Mumbai. They are about 36 and 35 years old, having been married for the past eight years with one biological son, aged 4 1⁄2 years. His birth certificate and health report have been placed on record, along with the proposed adopters' motivation letter. In its meeting held online on 29th September 2020, the Adoption Committee recorded that the prospective adoptive parents are suited to adopt the child. That Committee's order, too, has been placed on record.

4. The affidavit by the Chief Functionary of the Specialized Adoption Agency (Petitioner) is on record. Seema 2/5

5. The Medical reports of the prospective adoptive parents has been placed on record. It states that "They are not suffering from any chronic, contagious or fatal disease. They are physically and mentally fit to adopt a child". The adoptive father is under treatment for diabetes and his plasma glucose is under control. Their HIV I and II and HBSAg test reports, certify them as Negative.

6. The prospective adoptive father has been working as a Sub-Engineer in Municipal Corporation of Greater Mumbai since 14th January 2011. His monthly gross salary is Rs.84,288.57/-. The prospective adoptive mother is a self-employed Ayurvedic Doctor (private practice) at Bhandup, with an annual income of Rs.14,91,941/- (AY 2019-20). Financial documents, such as salary slips, copies of PAN card, AADHAR card, Form No.16, and income tax returns of the adoptive parents have been placed on record, together with proof of residence and other supportive documents.

7. A home study report of Part-I, Self-Assessment and assessment report in Part-II by the authorities of Snehankur Adoption Centre, Ahmednagar, have also been placed on record. The authorities have considered and found the proposed adoptive parents suitable for adopting a child. Seema 3/5

8. Child security undertaking furnished by the close family friends of the prospective adoptive parents, residing at Kamothe, Navi Mumbai, has been placed on record. They offer to look after the minor child if any mishap occurs to the prospective adoptive parents.

9. The minor's medical examination report, indicating the child to be normal and healthy, 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.

10. Considering the material placed on record and compliances noted as above, this Court reckons that the adoption petition deserves to be allowed. In this regard, the report of the Scrutiny Officer, dated 17.06.2021, is taken on record and marked-'X' for identification.

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

"(a) That the Prospective Adoptive Parents be given the said child in Adoption be declared as parents and have all parental legal rights, Privileges and responsibilities over the said minor Atikksha Amit Dasurkar.

(b) That the Prospective Adoptive Parents may be granted leave to remove the said Seema 4/5

minor from the jurisdiction of this Hon'ble Court and to take the said minor out of the jurisdiction of this Hon'ble Court whenever required.

(c) That the concerned Municipal Authority/ Birth Certificate issuing Authority may be directed to issue Birth Certificate in the name of the said minor Atikksha Amit Dasurkar, born on 29.09.2019 and stating that thereon that the Prospective Adoptive Parents as the Parents of the said minor.

(d) That the Prospective Adoptive Parents be allowed to change the name of the minor from AMRUTA to "Atikksha Amit Dasurkar"

born on 29.09.2019."

12. 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. 2,00,000/- and submit a report of that investment.

13. Today, this Court has also signed separate Judge's Order for appointing the prospective adopters as adoptive parents of minor Amruta.

[DAMA SESHADRI NAIDU, J.] Privacy Warning: No part of this order shall be uploaded on any public domain or portal without this Court's express permission. Seema 5/5