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Bombay High CourtIAP/20/2019disposed off

Bal Asha Trust v. Mathew Pereira And K.T.Beena (Prp.Adopters)

2019-03-28Hon'Ble Smt. Justice Anuja Prabhudessai4 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS GENERAL & INHERENT JURISDICTION INDIAN ADOPTION PETITION NO. 20 OF 2019 with JUDGES ORDER NO. 50 OF 2019 IN INDIAN ADOPTION PETITION NO. 20 OF 2019 Bal Asha Trust ..Petitioner/Applicant v/s.

1) Mr. Mathew Pereira

2) Mrs. K.T.Beena ..Proposed Adopters Mr. Rakesh Kapoor for the Petitioner.

Mr. O Hareendran, Scrutiny Officer ICSW is present. Mr. Sunil Arora, Authorized Signatory of Trust Present. ----- CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED : 28th MARCH, 2019.

P.C.

1.

The Indian Adoption Petition proposes the adoption of a male minor, John @ Ravi. He was born on 12th December, 2009. He ws taken charge by Nagpada Police Station , Mumbai on 15.11.2004 and admitted in observation Home, Mankhurd on 4.12.2015. On 8th March, 2017 he was admitted to the Petitioner Institution- Bal Asha

Sadan. The proposed minor was declared "Legally Free for Adoption on 23.09.2018. The Free for Adoption Certificate dated 9.10.2017 is on record.

2.

The prospective adoptive parents took the minor in preadoption foster care pending the adoption of the Court. The Preadoption foster care undertaking dated 18th December, 2018 is on record.

3.

The Child Welfare Committee declared the child legally free for adoption on 23.09.2018.

4.

The proposed adoptive parents are Indian Nationals and are residing at Kanjur Marg (West), Mumbai. They are 49 and 45 years old. They have been married for 7 years. They have no biological children. The motivation letter by the adoptive parents is on record. 5.

The medical reports of the minor are on record. The reports show no abnormalities. The health report of the adoptive parents also show no abnormalities. Their HIV and Hepatitis B reports are negative.

6.

The Adoptive father is working as Manager Operations with RVK Hospitality Pvt. Ltd. His monthly gross salary is Rs.45,000/- .

The Adoptive Mother is working as a Teacher (PGT -English) at Kendriya Vidyalaya, Air Force Station, Thane . Her monthly Salary (Dec.2018) is 80,780/-.

7.

The home study report is positive and recommends adoption. It is on record.

8.

There is a Guardianship Undertaking by the Adoptive father's paternal cousin and his wife. They reside at Goa, and they have agreed and undertaken to look after the minor in event of any mishap.

9.

The proposed change of name from 'John @ Ravi' to "Liamjohn Mathew Pereira" is approved. The minor's consent is taken on record. 10.

Having regard to the financial status of the adoptive parents, I have fixed the investment for the minor at Rs.2,00,000/- (Rupees Two lakhs Only).

11.

The documents being in Order, I allow the Petition. The Judge's Order is signed separately.

12.

I have seen the scrutiny report presented by Mr. O Hareendran, Scrutiny Officer of the Indian Council of Social Welfare which is on record.

13.

The Registry will get the Petition with all its annexures and all orders, including the signed Judge's Order, scanned. These digital copies are to be preserved. A soft copy may be given to the Advocate for the Petitioner free of cost on a pen drive provided by the Advocate for the Petitioner for the same. The Registry will ensure that the scan of the Judge's Order is a properly calibrated colour scan.

14.

Authenticated or certified copies of this order and the entire Petition may be given to the minor after he attains the age of 18. (ANUJA PRABHUDESSAI, J.)