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Bombay High CourtJO/53/2016disposed off

Bal Vikas Mahila Mandal v. Casagrande Flavio Italian And ANR (Pro. Adopters) And Arjun (Minor)

2016-03-16Hon'Ble Shri Justice G.S. Patel2 pages

903 FAP NO.21-2016.DOC JSN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION AND IN ITS GENERAL AND INHERENT JURISDICTION JUDGE'S ORDER NO.53 OF 2016 IN FOREIGN ADOPTION PETITION NO.21 OF 2016 Bal Vikas Mahila Mandal

...Petitioner

And Mr. Casagrande Flavio & Anr.

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

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

16th March 2016 PC:- 1.

In this case, the proposed parents already have one adopted child, Ana, who was born in Honduras on 15th March 2006. Ana has been in Italy since 1st November 2015. The report annexed to the Petition indicates that she is well-settled and adjusted. The proposed minor Arjun born on 9th December 2008 would make a good sibling for Ana.

903 FAP NO.21-2016.DOC 2.

Italian Law ordinarily requires that adopted child be below age of five years. In this particular case, special leave or dispensation has been obtained from the Competent Court, viz., the Juvenile Court of Venice permitting the present adoption. These documents are annexed at page 194 to 196. At page 195 it is specifically ordered that upon making appropriate enquiries and considering all relevant documents the Competent Court has concluded that the present Petitioners are entitled to adopt and are fit to welcome a foreign child born after 15th March 2007. 3.

Mr. O. Hareendran, Scrutiny Officer, ICSW tenders a representation that is taken on record and marked "X" for identification.

4.

I have carefully considered the Petition and all annexures including Child Care Report, the financial documents, the Home Study Report, the medical papers and the applications itself. I am satisfied that the Petition should be allowed. The Judge's Order is separately signed.

(G. S. PATEL, J.)