Bal Asha Trust v. Deepak Banerjee And Kimberly Banerjee (Prop. Adopt.) And Jai Krishna Banerjee (Minor)
Shephali
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION FOREIGN ADOPTION PETITION NO. 28 OF 2018 WITH JUDGE'S ORDER NO. 150 OF 2018 AND JUDGE'S ORDER NO. 151 OF 2018 Bal Asha Trust
...Petitioner
And Depak Dilip Banerjee and Kimberly Lynn Banerjee ...Proposed Adopters Mr Rakesh Kapoor, for the Petitioner.
Ms Asha Shinde, Assistant Administrative Officer, ICSW, is present.
CORAM: G.S. PATEL, J DATED:
PC:- 1.
The Foreign Adoption Petition proposes the adoption of siblings, a minor male named Krishna born on 3rd January 2008 and his sister, Shree born on 12th January 2011. They were admitted to the Bal Asha Trust on 7th June 2016 under orders of the Child Welfare Committee, Mumbai City II. Krishna was transferred from the Balagram Maharashtra Sanchalit Panchdeep Sankul in Navi Mumbai and Shree was transferred from Naunihal Balika Ashryagruha, Kharghar for further rehabilitation.
2.
Both children have been declared legally free for adoption by the Child Welfare Committee, Mumbai City II, after following the necessary procedures.
3.
The undertaking / Affidavit of the Petitioner and the No Objection Certificate of CARA are on record.
4.
The adoptive parents are American Nationals. The adoptive father is of Indian origin and holds an OCI card. They live in Virginia, USA. They are 46 and 38 years old respectively. They have been married for 14 years. They have two children, a daughter named Anika about 13 and half years old and a son Avinash who is today nine years old. Their birth certificates and consents are annexed. The health reports of the adoptive parents show no abnormalities. Krishna was treated for leprosy between 23rd July 2015 and 13th August 2017. The treatment was complete and he is disease-free. He is otherwise in good health. The physical examination report for Shree says that she has no medical conditions. Both adoptive parents have signed these reports. 5.
The adoptive father is a self-employed Cardiologist with a private practice since December 2017. His taxable income for the years 2016 and 2015 was over US $ 500,000. The wife is a home maker. Their financial documents are on record. I have also seen the child care plan and that is satisfactory.
6.
There is a home study report by an Adoption Service in the United States. It has thoroughly studied the family. It recommends
the adoption and says that the home environment is sound and stable.
7.
The other necessary documents are on record.
8.
Having regard to these circumstances, I will sign the two separate Judge's Orders, one for each of the two children. 9.
The name of the female minor is proposed to be changed to Zara Shree Banerjee. This is noted. Similarly, the name of the male minor is proposed to be changed to Jai Krishna Banerjee. This is noted.
10. I have seen the scrutiny report presented by Mr O Hareendran, Scrutiny Officer of the Indian Council of Social Welfare who is unable to attend today, which is on record.
11. The Registry will get the Petition with all its annexures and all orders, including the signed Judge's Order, scanned. These digital copies are to be preserved. A soft copy may be given to the Advocate for the Petitioner free of cost on a pen drive provided by the Advocate for the Petitioner for the same. The Registry will ensure that the scan of the Judge's Order is a properly calibrated colour scan.
(G. S. PATEL, J)