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Bombay High CourtIAP/65/2021disposed off

M.S.W.C. Asha Sadan Balgruh v. Barigela Anantha Ramulu And ANR.

2021-09-23Hon'Ble Shri Justice A. K. Menon3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION AND IN ITS GENERAL AND INHERENT JURISDICTION JUDGE'S ORDER NO. 137 OF 2021 IN INDIAN ADOPTION PETITION NO. 65 OF 2021 M.S.W.C. Asha Sadan Balgruh ...

Petitioner and.

Barigela Anantha Ramulu ...

Proposed Adopters Barigela Vijaya Ms. Varsha Bhogle Deshmukh for the Petitioner. Mr. O. Hareendran Nambiar for ICSW is present. Mr. A.J. Kesarkar, 2 nd Master is present.

CORAM : A. K. MENON, J.

rd SEPTEMBER , 2021 DATED : 23 P.C. :

1.

This petition is filed under section 58(3) of the Juvenile Justice (Care & Protection of Children) Act. Asha Sadan Balgruh and Copetitioners-Barigela Anantha Ramulu and Barigela Vijaya have filed this petition seeking appointment of the co-petitioners as adoptive parents of minor Liza who is in the care and protection of M.S.W.C. Digitally signed by RAJESHWARI RAMESH PILLAI Date:

2021.09.24 16:21:29 +0530 Asha Sadan Balgruh, Umerkhadi, Mumbai and for consequential reliefs RAJESHWARI RAMESH PILLAI 1/3

of change of name, leave to remove the child from the jurisdiction of this court to reside with the prospective adoptive parents wherever they reside in future. The child Liza was born on 15 th November, 2020 and has been surrendered by the biological mother on 3 rd December, 2020.

2.

Adoption Group of the M.S.W.C. has recorded their interaction with the prospective adoptive parents and with the child. The certificate declaring the child legally free for adoption is also on record. The prospective adoptive parents agreed to undertake full responsibility for health and well being of the child who has been under foster care with them. Child care arrangement is in place. Declaration and willingness to adopt the child is also on record.

3.

Medical history of the prospective adoptive parents is found to be satisfactory. The prospective adoptive father is employed in Telangana Model Schools. Documentation reflects payment of salary. There is a housing loan that has been taken by the prospective adoptive father who has also filed affidavit cum declaration dated 20 th September, 2021 in which he states that after payment of EMI there are sufficient funds available to him to meet needs of the family including expenses of child. The child study report also records the progress of the child. Overall, the co-petitioners are found suitable to adopt minor child Liza 2/3

@ Barigela Aradhya. Having heard Ms. Bhogle in support and having perused the record, I have no hesitation in allowing this application. Accordingly I pass the following order :

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

(ii) Co-petitioners shall invest a sum of Rs. 1,50,000/- in the name of the child in LIC's Single Endowment Plan No.917. No loan shall be taken on the policy. The petitioner shall file evidence of this fact having been communicated to the LIC in the registry. (iii) Undertakings are accepted.

(iv) Accordingly, Judges order is signed separately. (v) Petition is disposed in terms of the above.

(A. K.MENON, J.) 3/3