Vatsalya Trust v. Silvio Aquilina And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION AND GENERAL AND INHERENT JURISDICTION FOREIGN ADOPTION PETITION NO.29 OF 2021 ALONG WITH JUDGE'S ORDER NO.177 OF 2021 Vatsalya Trust .. Petitioner-Applicant Silvio Aquilina Nicole Aquilina .. Co-Petitioners/Adoptive Parents Ruchi @ Zelie Ruchi .. Minor Ms. Sangeeta Nagpal 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 NOVEMBER, 2021.

DATE : 25 P.C. :

1.

The petitioner is a recognized adoption agency approved by the State Government and the Central Adoption Resource Authority (CARA) and is presently looking after the interest of the minor. The minor child Ruchi was born on 23 rd January 2020 and is presently in the care of the petitionerinstitution. The Child Welfare Committee has since declared the child legally free for adoption on or about 18 th September 2020. The prospective adoptive 1/3

parents are aged about 44 and 43 years respectively. They have been married since 19 th March 2004 and they are stated to be in good health. They have already adopted one male child Gregory, about 5 years of age. The prospective adoptive father, who is a Mechanical Engineer, is now stated to be selfemployed. The prospective adoptive mother is also gainfully employed. 2.

The Home Study Report prepared by the chairperson of the Adoption Legal Services has found the prospective adoptive parents suitable for adopting a second child. The sister and brother-in-law of the prospective adoptive father have given undertakings to take care of the minor in the event of any unforeseen event which prevents the prospective adoptive parents from looking after the child. The petitioner-trust has declared that the child is to the best of their knowledge legally free for adoption and the petitionertrust has also filed requisite affidavit-cum-undertaking. A Statement of Undertaking has been filed by the Operations Manager of the local authority. The prospective adoptive parents have requisite police clearance. They are financially and emotionally found to be suitable for adopting a second child. 3.

Having considered the financial and social environment and the medical history, which are all found to be satisfactory, I have no hesitation in allowing this petition. In view of the above, I pass the following order :- (i) Petition is made absolute in terms of prayer clauses (a) to (e).

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(ii) The minor child shall not be hereafter offered in further adoption by the prospective adoptive parents. (iii) Judge's Order is signed separately.

(iv) Petition is disposed in the above terms.

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

2021.11.26 17:18:50 +0530