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Bombay High CourtIAP/94/2021disposed off

Vatsalya Trust, Mumbai v. Sudipta Ganguly And Maitreyee Ganguly (Prosp Parents)Rishiv Ganguly (Minor)

2021-12-16Hon'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.94 OF 2021 ALONG WITH JUDGE'S ORDER NO.191 OF 2021 Vatsalya Trust, Mumbai .. Petitioner Sudipta Ganguly Maitreyee Ganguly .. Co-Petitioners-PAPs Veer @ Rishiv Ganguly .. Minor Ms. Aarti Prasad Kulkarni 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 DECEMBER, 2021.

DATE : 16 P.C. :

1.

The petitioner, a social welfare organization and specialized adoption agency, proposes to give in adoption minor male child Veer to the prospective adoptive parents, who are residents of Mumbai and were registered with the "Carings" portal of CARA. They have been found suitable for adoption. The Child Welfare Committee has declared the minor legally free for adoption on st December 2020. The prospective adoptive parents are aged 43 and 39 years respectively and have been married for 13 years. The prospective 1/3

adoptive parents have a biological female child - Arushi, aged about 12 years. They wish to adopt a male child to complete their family. They have executed the consent and willingness to adopt and look after the child and bring up the child as their own, granting the same privileges and rights as the biological child.

2.

The minor is presently in preadoption foster care with the prospective adoptive parents with the necessary undertakings to allow the Social Worker to make regular visits. The prospective adoptive father is employed as Senior Director, Regulatory Affairs in a pharmaceutical company. The prospective adoptive mother is a housewife and is in a position to ensure the upbringing of the minor upon this petition being allowed. The income records of the prospective adoptive father is on record so is a jointly executed motivation letter. The medical fitness certificates of the prospective adoptive parents are also found to be in order so are the income documents including income tax returns and certificate of income by the employer. Financially the couple is found to be well-placed. Home Study Report is also positive.

Family friends have recommended the adoption, as seen from the recommendation letters on record. There is also an undertaking to take care of the child in the event of any unforeseen eventuality. This undertaking is executed by the cousins of a prospective adoptive father. Child Study Report and medical reports of the child are also found to be acceptable. The Aadhar Card issued to the minor biological daughter - Arushi has also been placed on record today.

3.

Having heard the learned counsel for the petitioner and having perused the record, I have no hesitation in allowing this petition. Accordingly, I pass the following order :- (i) The petition is made absolute in terms of prayer clauses (a) to (d).

(ii) The prospective adoptive parents shall invest a sum of Rs.2,00,000/- 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.

(v) The petition is disposed in the above terms.

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

2021.12.22 17:45:57 +0530 SNEHA ABHAY DIXIT