Shree Manav Seva Sangh v. Venkataramana Reddy And Keerthika Reddy (Prospective Adoptive Parents)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION AND IN ITS GENERAL AND INHERENT JURISDICTION INDIAN ADOPTION PETITION NO. 44 OF 2021 WITH JUDGE'S ORDER NO. 88 OF 2021 Shree Manav Seva Sangh

...Petitioner

Versus

Ventataramana Reddy and Keerthika Reddy ...Proposed Adoptive parents .....

Mr. Rakesh Kapoor - Advocate for the Petitioner. Mr. O. Hareendran Nambiar, Scrutiny Officer, Indian Council of Social Welfare, present.

Mr. D. R. Talekar - Chamber Registrar, present. .....

CORAM : DAMA SESHADRI NAIDU, J.

DATE : 02nd JULY 2021.

P.C. :

Heard Shri Rakesh Kapoor, the learned counsel for the Petitioner, and Shri O. Hareendran Nambiar, the Scrutiny Officer, Indian Council of Social Welfare (ICWS), in the Court through a VC link.

2. The petition proposes the adoption of a girl, Wendy, born on 13 June 2020. The biological mother surrendered the child before the Child Welfare Committee, Seema 1/5

Mumbai City II, on 19 June 2020. And on the same day, the girl was handed over to the Petitioner institution, Shree Manav Seva Sangh, Mumbai. Later, on 24 August 2020, the Child Welfare Committee inquired and passed the 'legally free for adoption' order under Section 38 of Juvenile Justice (Care and Protection of Children) Act, 2015. The order is placed on record.

3. The proposed adoptive parents are Indian nationals residing in Hyderabad, Telangana. They are about 47 and 42 years old, having been married for the past 12 years with no biological child. The proposed adopters' motivation letter has been placed on record. In its meeting held online on 21 October 2020, the Adoption Committee recorded that the prospective adoptive parents are suited to adopt the child. That Committee's order, too, has been placed on record.

4. The affidavit by the Chief Functionary of the Specialized Adoption Agency (Petitioner) is on record.

5. The prospective adoptive father has been working as an IT Consultant with TATA Consultancy Services, Hyderabad, since 2012, with a monthly gross salary of Rs.99,624/- and net salary of Rs.90,805/-; the prospective adoptive mother is a homemaker. Financial documents, such as salary slips, copies of PAN card, AADHAR card, Seema 2/5

Form No. 16 and income tax returns of the adoptive father, have been placed on record, together with proof of residence and other supportive documents.

6. Medical reports of the adoptive parents show that they are physically and mentally fit with no significant health issues for adopting the child. Along with their negative HIV and other test reports, those medical reports, too, have also been placed on record.

7. A home study report of Part-I, Self Assessment and assessment report in Part-II by the Protection Officer (NIC) and District Welfare Officer Women, Children, Disabled and Senior Citizen Dept. Hyderabad, have also been placed on record. The authorities considered have found the proposed adoptive parents suitable for adopting a child.

8. Child security undertaking, furnished by the prospective adoptive mother's cousin and sister-in-law, residing at Madhura Nagar, Telangana, has been placed on record. They offer to look after the minor child if any mishap occurs to the prospective adoptive parents.

9. 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, Seema 3/5

such as negative HIV reports, of the minor have been placed on record.

10. Considering the material placed on record and compliances noted above, this Court reckons that the adoption petition deserves to be allowed. In this regard, the report of the Scrutiny Officer, dated 18.06.2021, is taken on record and marked-'X' for identification.

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

"(a) That the Prospective Adoptive Parents be given the said child in Adoption be declared as parents and have all parental legal rights, Privileges and responsibilities over the said minor Ananyasree Reddy.

(b) That the Prospective Adoptive Parents may be granted leave to remove the said minor from the jurisdiction of this Hon'ble Court and to take the said minor out of the jurisdiction of this Hon'ble Court whenever required.

(c) That the concerned Municipal Authority/ Birth Certificate Issuing Authority may be directed to issue Birth Certificate in the name of the said minor Ananyasree Reddy, born on 13.06.2019 and stating that thereon that the Prospective Adoptive Parents as the Parents of the said minor.

(d) That the Prospective Adoptive Parents be allowed to change the name of the minor Seema 4/5

from WENDY to "Ananyasree Reddy", born on 13.06.2020."

12. 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.1,00,000/- and submit a report of that investment.

13. Today, this Court has also signed separate Judge's Order for appointing the prospective adopters as adoptive parents of minor Wendy.

[DAMA SESHADRI NAIDU, J.] Privacy Warning: No part of this order shall be uploaded on any public domain or portal without this Court's express permission. Seema 5/5