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Bombay High CourtJO/142/2021disposed off

Worldchildren Welfare Trust Bal Anand v. Rajesh Jayram Mundekar And Shalini R. Mundekar (Prop. Parents) Rutvi Alias Nivisha-Minor

2021-10-07Hon'Ble Shri Justice A. K. Menon3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION AND GENERAL AND INHERENT JURISDICTION INDIAN ADOPTION PETITION NO.68 OF 2021 ALONG WITH JUDGE'S ORDER NO.142 OF 2021 Bal Anand, Worldchildren Welfare Trust, .. Petitioner Vs.

Rajesh Jayram Mundekar and Anr.

.. Co-Petitioners / Adoptive Parents And Rutvi @ Nivisha .. Minor Mr. Sameer K. Sawant for the Petitioner.

Mr. O. Hareendran, Scrutiny Officer of ICSW, is present. Mr. Dilip R. Talekar, Chamber Registrar, is present. CORAM : A. K. MENON, J.

TH OCTOBER, 2021.

DATE : 7 P.C. :

1.

By this petition, filed under Section 58(3) of the Juvenile Justice (Care and Protection of Children) Act, 2015, and Regulation 12(2) of the Adoption Regulations, 2017, the petitioner - a recognized child welfare organization seeks appointment of the prospective adoptive parents and co-petitioners as the adoptive parents of the minor - Rutvi, born on 2 nd September 2020, with 1/3

permission to change her name, remove the minor from the jurisdiction of this court to reside with the prospective adoptive parents wherever they reside and for the concerned authorities to issue birth certificate in recognition of the prospective adoptive parents having adopted the child. 2.

Today, I have heard the petitioner's Advocate Mr. Sawant, perused the petition and annexures thereto and I find that the child has been declared legally free for adoption on 9 th November 2020 by the Child Welfare Committee. Child has been placed in the petitioner-organization and has been in pre-adoption foster care with the prospective adoptive parents, who have jointly executed a motivation letter. The prospective adoptive parents were married in April, 2004, but they do not have any biological children. The prospective adoptive father is employed as a Senior Software Engineer with Financial Software & Systems (P) Limited in Mumbai.

He has furnished income tax records and pay-slips indicating his income, which is found to be satisfactory and appears sufficient to enable the prospective adoptive parents to bring up the child in reasonable comfort. The documents pertaining to investments, insurance policies are also on record. They have executed a preadoption foster care undertaking and they have been found to be suitable for adopting the minor. The brother and sister-in-law of the prospective adoptive father has executed an undertaking to look after the child in the event the copetitioners are unavailable. The medical reports appears to be satisfactory. Home Study Report also appears to be satisfactory.

Worker is also seen to be satisfactory. Police Clearance Certificate is also annexed. Child Study Report is in place. The child was surrendered by his biological mother and has been declared legally free for adoption. 3.

In these circumstances, I have no reason to decline this petition. Accordingly, I pass the following order :- (i) Petition is allowed in terms of prayer clauses (a), (b), (c) and (d).

(ii) The prospective adoptive parents shall invest a sum of Rs.1,00,000/- in the name of the child in LIC's Single Endowment Plan No.917 for 18 years. 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) Judge's Order is signed separately.

(A. K. MENON, J.) 3/3 Digitally signed by SNEHA ABHAY DIXIT Date:

2021.10.08 18:15:17 +0530 SNEHA ABHAY DIXIT