Children Of The World India Trust v. Noel Naveen And Babian Celine Naveen (Prop. Adopter) And Norah Naveen (Minor)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION AND GENERAL AND INHERENT JURISDICTION FOREIGN ADOPTION PETITION NO.26 OF 2021 ALONG WITH JUDGE'S ORDER NO.140 OF 2021 Children of the World India Trust .. Petitioner And Noel Naveen and Babian Celine Naveen .. Proposed Adopters And Norah Naveen .. Minor Mr. Rakesh Kapoor for the Petitioner.

Mr. O. Hareendran, Scrutiny Officer of ICSW, is present. Mr. Arun Kesarkar, 2 nd Master, is present.

CORAM : A. K. MENON, J.

TH SEPTEMBER, 2021.

DATE : 16 [THROUGH VIDEO CONFERENCE] P.C. :

1.

This is a petition, filed under the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015, by which the Child Welfare Organization seeks appointment of the prospective adoptive parents as the adoptive parents of minor female child Norah under Section 59(7) of the said Act. The minor child was born to her biological mother, who was unmarried, on 3 rd November 2020. The mother and father relinquished the child before 1/3

the Child Welfare Committee, Palghar on 21 st December 2020 and the minor was admitted to Vishwabalak Kendra, Nerul, Navi Mumbai. The record indicates that the minor has been declared legally free for adoption by the Child Welfare Committee, Thane in February, 2021. The minor was then transferred under Section 95 of the Juvenile Justice Act from CWC, Palghar, District Thane.

2.

. The prospective adoptive parents have been married since January, 2016 and have no biological children or adoptive children. The medical certification of the prospective adoptive parents is annexed to the petition. The statements of financial affairs are also annexed to the petition. Both the statements prima facie appear satisfactory. There is evidence of the prospective adoptive parents having residential accommodation in Dubai. The Social Worker has affirmed the factual aspects in her affidavit-cumundertaking dated 30 th July 2021. Social Worker in Dubai has recommended adoption after having personally interviewed the prospective adoptive parents. They also have Police Clearance Certificate from Dubai Police. The Home Study Report is also positive so is the medical examination report of the minor child. The Central Adoption Resource Authority has issued a No Objection Certificate on 2 nd July 2021, as required under the Hague Convention 3.

In view of the pandemic, the prospective adoptive parents along with the minor child, who is in foster care with them have appeared on video 2/3

conference hearing and both have reaffirmed their willingness to adopt the minor child, as set out in the petition.

4.

In view thereof, I am inclined to allow this petition. Accordingly, the petition is allowed in terms of prayer clauses (a) to (e). 5.

The Judge's Order is signed separately.

(A. K. MENON, J.) RAJESHWARI RAMESH PILLAI RAJESHWARI RAMESH PILLAI Date: 2021.09.20 17:11:19 +0530 3/3