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Bombay High CourtIAP/52/2018disposed off

St.Catherines Home v. Siddharth Ashwin And Mona Rashmi Tirkey (Prospective Adoptive Parents)

2018-06-13Hon'Ble Shri Justice G.S. Patel3 pages

Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INDIAN ADOPTION PETITION NO. 52 OF 2018 WITH JUDGE'S ORDER NO. 113 OF 2018 St Catherine's Home

...Petitioner

And Siddharth Ashwin and Mona Rashmi Tirkey

...Respondents

Mr Rakesh Kapoor, for the Petitioner.

Mr O Hareendran, Scrutiny Officer, ICSW, is present. CORAM: G.S. PATEL, J DATED:

PC:- 1.

The Indian Adoption Petition proposes the adoption of a female minor, Anushka, born on 8th December 2017. Her biological mother surrendered her to the Child Welfare Committee, Mumbai Suburban on that day. The Applicant institution received custody that very day.

2.

The Child Welfare Committee has declared Anushka legally free for adoption.

3.

The adoptive parents reside in West Bengal. They are 41 and 40 years old respectively and though married for the last 12 years but have no biological children of their own. 4.

Their motivation letter is on record as is the approval of the adoption committee and the Affidavit of the Applicant's chief functionary.

5.

The adoptive father is self employed in real estate. His tax documents show that his income for the Assessment Year 20172018 is Rs. 2,67,592/-. The adoptive mother works as a pharmacist with a monthly gross salary of Rs. 44,211/-.

6.

The health reports of the parents and of the minor disclose no abnormalities or medical conditions. Anushka is a healthy and active child.

7.

The child care arrangement plan undertaking is on record. The assessment report of the social worker speaks to the capability of the adoptive parents to look after the child. It recommends the adoption. There is a home study report and also a guardianship undertaking given by the adoptive father's brother and sister-in-law who reside in Balewadi, Pune agreeing and undertaking to look after the child should that need arise. The HIV reports of the minor and the adoptive parents are negative. The consent willingness and undertaking by the adoptive parents is on record as is the preadoption foster care undertaking.

8.

I have seen the scrutiny report presented by Mr O Hareendran, Scrutiny Officer of the Indian Council of Social Welfare which is on record.

9.

Having regard to these circumstances, I will allow the Petition. The Judge's Order is separately signed.

10. The Registry will get the Petition with all its annexures and all orders, including the signed Judge's Order, scanned. These digital copies are to be preserved. A soft copy may be given to the Advocate for the Petitioner free of cost on a pen drive provided by the Advocate for the Petitioner for the same. The Registry will ensure that the scan of the Judge's Order is a properly calibrated colour scan.

(G. S. PATEL, J)