Bal Asha Trust v. Praveen Parthasarthy And Celine Sequeira (Pros.Adoptive) And Amayra Parthasarthy (Minor)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION AND IN ITS GENERAL AND INHERENT JURISDICTION INDIAN ADOPTION PETITION NO. 35 OF 2020 Bal Asha Trust ... Petitioner vs.

Praveen Parthasarthy ... Proposed Adopters And Celine Sequeira Mr. Rakesh Kapoor for the Petitioner.

Mr. Arun Kesarkar, 2 nd Assistant Master.

CORAM : A. K. MENON, J.

nd DECEMBER, 2020 DATED : 22 P.C. :

1.

The petition is filed pursuant to section 56 and 58 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.

This petition seeks an order in the matter of proposed adoption of minor presently in the care and custody of Bal Asha Trust. The minor was born on 12 th August, 2019 and was surrendered by the biological 1/3

mother before the Child Welfare Committee on 13 th November, 2019.

The child has been declared free for adoption since on 15 th January, 2020. The child has been at the children home Bal Asha Trust since surrender.

3. The prospective adoptive parents are residents of Bangalore, have been married since 2 nd February, 2008 and have no biological or adopted children. They have decided to adopt the minor child. The prospective adoptive parents appear well placed in life. Both are information technology professionals and are suitably employed. Income documents are on record.

4.

Home Study report carried out by St. Michael Home, Indiranagar, Bangalore is an affirmative report. The child and the prospective adoptive parents are found to be healthy and adoption is supported by the uncle of the prospective adoptive mother and friends of the couple. Alternative child care plans like undertaking of brother and sister in law of the prospective adoptive mother are on record. Mr. Marshal Sequira and Mrs. Shimin Purushothaman have undertaken to take care of the minor in the event of prospective adoptive parents being unable to do so under unforeseen circumstances. 2/3

5.

The child study report is affirmative. Medical examination also records that development of the child is normal. Minor treatment to improve hearing is being recommended. The prospective adoptive parents have confirmed they have understood the contents of the medical examination report and have confirmed their willingness to proceeds to adopt the child.

6.

In view of the aforesaid, I am inclined to allow the petition and pass the following order:

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

(ii) The child shall not be offered for further adoption. (iii) Judge's order is signed separately. Undertakings are accepted. (iv) Petition is disposed in the above terms.

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

2020.12.23 16:32:12 +0530 Rajeshwari R. Pillai 3/3