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Bombay High CourtJO/52/2016disposed off

Bal Vikas Mahil Mandal v. Ranjit Ramkelawon And Nirmala Ramkelawon (Prop Adopters)

2016-03-30Hon'Ble Shri Justice G.S. Patel3 pages

JSN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION AND IN ITS GENERAL AND INHERENT JURISDICTION JUDGE'S ORDER NO.52 OF 2016 IN FOREIGN ADOPTION PETITION NO.20 OF 2016 Bal Vikas Mahila Mandal

...Petitioner

And Mr. Ranjit Ramkelawon & Anr.

...Proposed adopters Mr. Rakesh Kapoor, for the Petitioner.

Mr. O. Hareendran, representative of ICSW present. CORAM: G.S. PATEL, J DATED:

30th March 2016 PC:- 1.

On 16th March 2016, I sought certain clarifications in relation to the existing Child Care Plan.

2.

Today Mr. Kapoor for the Petitioners submits a compilation with a updated and clarification regarding this Child Care Plan. The declaration dated 22nd March 2016 by the adoptive parents states that in South Africa, the country to which both adoptive parents

belong, the normal maternity leave is four months. There is no law governing leave for adoptive mothers. The adoptive mother, Petitioner No.2, has had to make a special request to the Executive Director of her employer Company, the South Africa Sugar Association. She applied for leave of six months. After considerable deliberation, and having regarding to her role in the organisation, six months' maternity leave has been granted to her. The original of the letter dated 22nd March 2016 from the South Africa Sugar Association signed by its Executive Director is annexed to the present compilation. This means that the adoptive mother the Petitioner No.2 now is entitled to six months' maternity leave to be with the minor.

3.

In the declaration signed by both parents, it is stated that both Petitioner will travel to India from April 2016 to fetch the minor. They will spend two weeks with the minor here and then return to South Africa.

4.

Once they return, Petitioner No.2, the adoptive mother, will resume work only in October 2016. Arrangements have been made for the minor at a licensed day care centre. The adoptive parents have chosen a nursery school which is well established and close to their home. This caters for children from as young as 18 months. The child will be placed there from October 2016. 5.

The declaration also contains the detailed statements about the arrangements planned for the week. On weekends, both parents intend to stay home with the minor.

6.

The compilation tendered is taken on record and marked "X" for identification.

7.

In view of the foregoing, the Judge's Order is separately signed.

(G. S. PATEL, J.)