Shraddhanand Mahilashram v. Rajneesh Pathak And ANR.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION AND IN ITS GENERAL AND INHERENT JURISDICTION INDIAN ADOPTION PETITION NO.34 OF 2021 WITH JUDGE'S ORDER NO. 59 OF 2021 Shraddhanand Mahilashram

...Petitioner

Versus

Rajneesh Pathak & ...Prospective Adoptive Parents Deepali Rajneesh Pathak .....

Mr. Rakesh Kapoor - 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 Rakesh Kapoor, 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, Sarang, born on 04 December 2019. The child was surrendered by the unwed mother to Shraddhanand Mahilashram, on 13

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 15 June 2020. The order is placed on record.

3. The proposed adoptive parents are Indian nationals residing at Deonar, Mumbai. They both are aged about 44 years, having been married for the past 15 years with no biological children. However, they have one adopted daughter. She is well adjusted into their family. They now desire to have another baby to complete their family. The Adoption Committee, in its meeting held online on 14 October 2020, 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 was working with BNP Paribas Mutual Fund. He quit that job. From 2018, he has been carrying on his own business, advisory firms: Invictus Advisors Private Ltd., and Invictus Alternatives Private Ltd., in which his wife is also a partner. His annual income for the Assessment Year 2021 is Rs.27,58,860/-; the prospective adoptive mother is self-employed, as noted above. Her income for the Assessment Year 2020-21 is Rs.8,96,970/-. The combined income is Rs.35,00,000/- per annum. 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 Children of the World (India) Trust, Nerul, Navi Mumbai 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 father'

s brother and sister-in-law, residing at New Delhi, 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 14.06.2021, 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.2 lakh and submit a report of such investment.

12. A separate Judge'

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

[DAMA SESHADRI NAIDU, J.]