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Bombay High CourtIAP/81/2021disposed off

Vatsalya Trust ,Mumbai v. Ankit Verma And Soma K.Verma(Propective Adoptive Parents)

2021-12-09Hon'Ble Shri Justice A. K. Menon3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INDIAN ADOPTION PETITION NO.81 OF 2021 WITH JUDGE'S ORDER NO.168 OF 2021 Vatsalya Trust ...

Petitioner v/s.

Ankit Verma and ...

Proposed Adopters Soma K. Verma Mrs. Sangeeta A Nagpal for the Petitioner.

Mr. O. Hareendran Nambiar for ICSW is present. Mr. Dilip R. Talekar, Chamber Registrar present. CORAM : A. K. MENON, J.

th DECEMBER, 2021 DATED : 9 P.C. :

1.

The petitioner Trust is a Child Welfare Organisation and Specialised Adoption Agency recognised under Section 65 of the Juvenile Justice (Care & Protection of Children) Act, 2015. The petitioner proposes to give in adoption a minor male child named Viaan who has been under the care of the institution. The prospective adoptive parents are Indian citizens aged about 32 and 33 years who are married in October, 2011. They have no children of their own and hence have decided to adopt. Having registered under the Child Adoption Resource Information and Guidance System they have now been recommended for adoption.

Digitally signed by RAJESHWARI RAMESH PILLAI Date:

2021.12.14 10:14:36 +0530 RAJESHWARI RAMESH PILLAI 1/3

2.

The Marriage Certificate, Character Certificate, Reference certificates and Medical certificates of the prospective adoptive parents are placed on record, so also proof of accommodation. The adoptive father was working with HCL Technologies Ltd., but presently works for Z S Associates India Pvt. Ltd. and earns a reasonably good salary. The prospective adoptive mother also is working for the same firm and earns a reasonably good salary as well. The prospective adoptive parents have undertaken pre-adoption foster care and are happy with the experience.

3.

The social worker who has visited their home has completed the post adoption follow up and finds the arrangement satisfactory. The income documents are on record and are found to be acceptable. The home study report and medical reports are found to be satisfactory. The child was declared legally free for adoption by the Child Welfare Committee on 18 th September, 2020. The delay in approaching the court has resulted in some variation in the photographs of the child annexed. However, an updated statement by Vatsalya Trust, Mumbai confirms that the minor in the earlier photographs when the child was declared free for adoption and those annexed to the petition are one and the same. 4.

Updated income tax returns of the adoptive parents for the Assessment year 2020 are placed on record today along with updated home study report of the parents. They are satisfied with the experience. Both of them have undertaken to bring up their child as their own. The Adoption Officer of 2/3

Miracle Charitable Society has certified the updated Home Study Report. The prospective adoptive parents have both executed consent and willingness to proceed in adoption.

5.

Having heard learned counsel for the petitioner I am inclined to allow this petition. Accordingly, I pass the following order : (i) Petition is made absolute in terms of prayer clause (a) to (e) both inclusive.

(ii) Co-petitioners shall invest a sum of Rs. 5,00,000/- 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 promptly after the policy is issued. (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