Bal Vikas Shishu Bhavan And Prabha Dhimmar - Applicant v. Anand Balkrishnan Nair And Nithia Anand Nari - Pro.Adopters And Avira A Nair - Minor

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION AND GENERAL & INHERENT JURISDICTION INDIAN ADOPTION PETITION NO.32 OF 2020 Bal Vikas Shishu Bhavan and Prabha Dhimmar ... Petitioners V/s.

Anand Balkrishnan Nair and Nithia Anand Nair ... Proposed Adopters And Avira A. Nair ... Minor Rakesh K.L. Kapoor for the Petitioners.

Mr. Arun Kesarkar, 3 rd Assistant Master, High Court, Bombay, is present. CORAM : A. K. MENON, J.

TH DECEMBER, 2020.

DATED : 16 P.C. :

1.

This petition is presented under Section 58(3) of the Juvenile Justice (Care and Protection of Children) Act in the matter of proposed adoption of minor female child born on 10 th November 2016. Mr. O. Harindran Nambiar, Scrutiny Officer, ICSW, has been given leave of absence due to covid protocol and his submissions are sent in by e-mail.

2.

The child is presently under the care of Bal Vikas, Shishu Bhavan, Malad, Mumbai. The prospective adoptive parents are residents of Powai, Mumbai. The child has been declared free for adoption by the Child Welfare Committee in March, 2019 and has been placed in Children's Home Bal Vikas since November, 2018.

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3.

The prospective adoptive parents have been married for 17 years and they have no biological children or other adoptive children. They have jointly consented to adopt the child and their willingness and readiness to adopt child as their own has been reiterated. The joint declaration and undertaking of the prospective adoptive parents is on record. Prospective adoptive parents are well settled. The prospective adoptive father is gainfully employed. The Home Study Report records that prospective adoptive parents are found suitable to adopt the minor.

4.

The child was surrendered by the biological parent before the Child Welfare Committee, Mumbai City-II on 10 th October 2018. The petitioners are aware of this fact. The Child Study Report of the minor and the minor's medical reports are also found to be acceptable. The petitioners confirm that no other persons have adopted the minor. Minor shall not be offered for further adoption.

5.

In view thereof, in my view, petition is liable to be allowed. Accordingly, I pass the following order :- (i) Adoption Petition is allowed in terms of prayer clauses (a) to (d). Judges Order is signed separately.

(ii) Adoption Petition is disposed in the above terms. (A. K. MENON, J.) Digitally signed by Sandhya Wadhwa Date:

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