St. Catherines Home v. Haresh Mani And Preeti Ramchandani

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION AND IN ITS GENERAL AND INHERENT JURISDICTION INDIAN ADOPTION PETITION NO. 28 OF 2020 St. Catherine's Home ... Petitioner vs.

Haresh Mani and Preeti Ramchandani ... Proposed Adopters Mr. Rakesh Kapoor for the Petitioner.

Mr. Arun Kesarkar, 2 nd 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 Emailed submissions and Covid-19 protocols. 2.

The proposed adopters seek to adopt a minor male child presently housed in St.Catherine's Home. The prospective adoptive parents do not have biological children. However both of them have been previously married. Their earlier marriages have been dissolved. Both have since obtained decrees of divorce from the Family Court, Bandra, Mumbai. 1/2 2-IAP-28-2020.doc rrpillai

Copies of the decrees are annexed to the petition. The decrees are passed pursuant to the petition filed under section 13B of the Hindu Marriage Act, 1955. They have since remarried and desire to adopt a minor who has been declared free for in-country adoption. Certificate of CWC dated 28 th November, 2019 is on record.

3.

The prospective father is self employed in business. The prospective adoptive mother is a home maker. Both have been motivated to adopt since they do not have biological children. Their medical records are on record, so are the income documents. The Home study report dated 26 th January, 2018 is positive. It discloses an acceptable financial position. There are no liability as on date of issuance. Relatives and friends have certified that the prospective adoptive parents are suitable. Child study report and medical examination report of the child is on record. 4.

In view thereof the 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. (iii) Court.

by Rajeshwari R.

Pillai Date: 2020.12.10 16:58:10 +0530 Rajeshwari R. Pillai (A. K. MENON, J.) 2/2 2-IAP-28-2020.doc rrpillai