M.S.W.C. Asha Sadan Balgruh v. Aluri Srinivasa Rao And ANR. (Prop. Adopters) And Manjiri @ Aluri Srinija (Minor)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION AND IN ITS GENERAL AND INHERENT JURISDICTION INDIAN ADOPTION PETITION NO. 39 OF 2021 WITH JUDGE'S ORDER NO. 65 OF 2021 IN INDIAN ADOPTION PETITION NO. 39 OF 2021 M.S.W.C. Asha Sadan Balgruh

...Petitioner

And Aluri Srinivasa Rao And Anr.

...Proposed Adopters And Manjiri @ Aluri Srinija ...Minor Ms. Varsha Bhogle Deshmukh, for the Petitioner. Mr. O. Hareendran, Scrutiny Officer, Indian Council of Social Welfare, present.

CORAM : S.C. GUPTE, J.

(IN CHAMBERS) DATE : 25 MARCH 2021 P.C. :

.

Heard Ms. Varsha Bhogle Deshmukh, learned Counsel for the Petitioner and Mr. O. Hareendran, Scrutiny Officer, Indian Council of Social Welfare (ICSW), in the Chambers. The adoptive parents are not present due to the present pandemic situation.

2.

The petition proposes adoption of a female minor child by the name of Manjiri born on 30 September 2020. Custody of the child was given to the Petitioner institution on the same day as the child was surrendered by the biological mother to Child Welfare Committee, Mumbai 1 / 4

City II on 8 October 2020. The admission order is placed on record. After making inquiries under Section 38 of the Juvenile Justice (Care and Protection of Children) Act, 2015, the CWC, Mumbai City II declared the minor child legally free for adoption. The certificate dated 30 December 2020 is placed on record.

3.

The adoptive parents are Indian nationals residing at Medchal, Telangana. They are aged about 38 and 33 years, respectively, having been married for the past 9 years with no biological child. Motivation letter of the adoptive parents as also the decision of the Adoption Committee Meeting approving both parents as adoptive parents of the referred child is placed on record. An affidavit of the Chief Functionary of the Specialized Adoption Agency, i.e. the Petitioner herein, and the medical report of the prospective adoptive parents certifying them as not disqualified in any way for parenting a child as well as PAN and Aadhar cards and supportive financial documents in respect of the prospective adoptive parents are placed on record.

4.

The prospective adoptive father is working as a Medical Representative with Maneesh Pharmaceuticals Ltd., Hyderabad with a net salary of over Rs.51,000/- per month, whereas the prospective adoptive mother is working as a Staff Nurse with Director of Public Health and Family Welfare, Hyderabad with a net salary of Rs.21,000/- per month. The child care plan declaration indicates that the adoptive mother will not be attending her place of employment for 6 months and after 6 months, her sister will take care of the child.

5.

Home study report containing self assessment as well as 2 / 4

assessment report of the District Child Protection Officer, WCD & SC, Medchal District, Telangana, has been placed on record. It considers various relevant aspects and after holding that the couple is well educated and financially sound and having support of other family members, and has strong intent to provide best education to the child, has recommended placing of the child for adoption with prospective adoptive parents. 6.

The sister and brother in law of the prospective adoptive mother have furnished undertaking to look after the minor child in the event of any unforeseen mishap to the adoptive parents. 7.

A medical examination report of the minor child is placed on record. The report confirms that the child is a normal, healthy child. The prospective adoptive parents have countersigned the medical examination report.

8.

There is also an undertaking to send post-adoption follow up reports on the part of District Child Protection Officer, WCD & SC, Medchal District, Telangana.

9.

Considering the material placed before the court, 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. The report of Scrutiny Officer dated 20 March 2021 is taken on record as "X", for identification.

10.

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

3 / 4

11.

In accordance with the practice note of this court for Indian adoptions, the prospective adoptive parents have offered to make investments in the name of a minor child in the sum of Rs.1.5 lakhs and submit a report of such investments.

12.

A separate Judge's Order for appointing the prospective parents as adoptive parents of the minor is signed by this court today. ( S.C. GUPTE, J. ) 4 / 4