Indian Association For Promotion Of Adoption And Child Welfare v. Avinash Nilkanth Fulari And Manisha Avinash Fulari And Karna (Male Minor)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION AND IN ITS GENERAL AND INHERENT JURISDICTION INDIAN ADOPTION PETITION NO. 47 OF 2020 Indian Association for Promotion ...

Petitioner Of Adoption and Child Welfare vs.

1. Avinash Nilkanth Fulari ...

Proposed Adopters

2. Manisha Avinash Fulari Mr. Pushkar M. Nagpurkar 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. 1/3

2.

The petitioners seek an order permitting adoption of a male minor child by the prospective adoptive parents. The minor is born on th September,2019. The Adoption Committee at its meeting held on th June, 2020 has approved the proposal subject to compliances. A second meeting was held on 7 th July, 2020 at which the prospective adoptive parents were found suitable after checking all documentation and in the presence of the prospective adoptive parents. They have confirmed that the prospective adoptive parents are motivated to adopt and are willing to do so.

3.

Medical report of the child is on record which appears to be acceptable. Medical report of the prospective adoptive parents on record is found to be satisfactory. The prospective adoptive parents have been married since 25 th December, 2007 and have no biological issue of their own. The child was declared free for adoption on 26 th February, 2020. Declaration of consent and willingness to adopt are on record. 4.

The prospective adoptive parents are well placed. They have their own accommodation and are said to be financially stable. Mother of the prospective adoptive mother has favoured the adoption and has recommended the adoption. Relatives and friends have supported the proposed adoption and have undertaken to take care of the child in 2/3

exceptional circumstances. Medical reports and child study reports are found to be satisfactory. Undertaking of Mr. Avinash Gangadhar and Mrs. Jaya Avinash Thorat to look after the child in unforeseen eventualities is also on record.

5.

I am of the view that the petition is liable to be allowed and pass the following order:

(i) Petition is allowed in terms of prayer clause (a), (b) and (c). (ii) The child shall not be offered for further adoption. (iii) Judge's order is signed separately. Undertakings are accepted. (iv) Petition disposed in the above terms.

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

Pillai Date:

2020.12.23 16:31:32 +0530 Rajeshwari R. Pillai 3/3