St. Catherines Home v. Kevalkumar Chandravadan Shah And Purvi Kevalkumar Shah

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION AND IN ITS GENERAL AND INHERENT JURISDICTION INDIAN ADOPTION PETITION NO. 29 OF 2020 St. Catherine's Home ... Petitioner vs.

Kevalkumar Chandravadan Shah ... Proposed Adopters And Purvi Kevalkumar Shah Mr. Rakesh Kapoor for the Petitioner.

Mr. Arun Kesarkar, 3 rd Assistant Master.

CORAM : A. K. MENON, J.

th DECEMBER, 2020 DATED : 9 P.C. :

1.

The petition is filed pursuant to section 8 and 56 of the Juvenile Justice (Care and Protection of children) Act 2015. Mr. O. Hareendran Nambiar for Indian Council of Social Welfare is granted leave of absence in view of prevalent Covid-19 protocols and in view of his submissions received via email.

2.

The proposed adoptive parents are residents of Vadodara. Both are gainfully employed. They have been married since 11 years but do 1/3

not have biological children and have decided to adopt the minor. The adoptive father is working as an Expert Quality Engineer employed in Vadodara. The prospective adoptive mother is Senior Quality Assurance Engineer in a Private Limited Company. Financially they appear to be well placed.

3.

The child is declared free for adoption by CWC on 7 th February, 2020. There is a deed of surrender dated 5 th December, 2019 on the basis of which CWC declared the child free for adoption. Marriage registration certificate of the prospective adoptive parents is on record. Medical reports of the prospective adoptive parents are also on record. Both are certified to be physically and mentally fit. Both are motivated to adopt the child. Income Tax records indicate acceptable income levels. Declaration of willingness to adopt is also on record. 4.

The mother of the prospective adoptive father has executed affidavit undertaking to look after the child in the absence of prospective adoptive parents since they are both employed. Home study report dated 19 th December, 2017 is positive. Both parents are well educated and are keen on bringing up the child as their own. Undertaking have been filed by close friends supporting the adoption. In view thereof there is no reason to decline the application and the 2/3

following order is passed.

(i)Petition is allowed in terms of prayer clause (a) to (d) both inclusive.

(ii) Judges order is signed separately. Undertakings are accepted. this Court.

(A. K. MENON, J.) Digitally signed by Rajeshwari R. Pillai Date:

2020.12.10 16:58:47 +0530 Rajeshwari R. Pillai 3/3