Vatsalya Trust v. Raghuram Thirunalairajan And Deepa Kadambi And Arya (Minor)

JSN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION AND IN ITS GENERAL AND INHERENT JURISDICTION JUDGE'S ORDER NO.157 OF 2016 IN FOREIGN ADOPTION PETITION NO.54 OF 2016 Vatsalya Trust

...Petitioner

And Mr. Raghuraman Thirunalairajan and another ...Proposed adopters Ms. Sangeeta A. Nagpal, for the Petitioner.

Mr. O. Hareendran, representative of ICSW present. CORAM: G.S. PATEL, J DATED:

24th August 2016 PC:- 1.

The Petition proposes the adoption of a female minor Gargi. She was born on 7th March 2015. Her birth mother relinquished her to the Child Welfare Committee, Mumbai Suburban District, Mumbai a few days later on 13th March 2015. Her custody was then given to the Vatsalya Trust under the Juvenile Justice Act 2000. The Child Welfare Committee, MSD then declared the minor legally free for adoption on 29th May 2015. This was on the basis of

intake case sheet of the biological mother, a document of surrender, a surrender deed, a declaration and other documents. The Petitioning institution's undertaking / Affidavit is on record. 2.

The adoption Petition is filed under Section 41 of the Juvenile Justice (Care and Protection of Children) Act 2000 as amended. The Central Adoption Resource Authority (CARA), New Delhi has issued its no objection certificate. 3.

The adoptive parents are of Indian origin. The adoptive father is an American citizen of Indian origin (an Overseas Citizen of India) and the adoptive mother is an Indian national. They live in California, USA. They have been married for 11 years. They have no children of their own. The health reports are in order. 4.

The father works as Principal Engineer-SW with Juniper Networks, California, USA. His annual base pay is US$ 200,000. The wife is also technically very well-qualified. She is a Senior Systems Analyst with Elasticsearch Inc. California with an annual salary US$ 100,000. Their financial documents are on record. 5.

I have considered the Child Care plan. The mother says that she will take leave for 6 to 12 weeks, after which the father will take a leave of similar period. The home study reports of 2012, 2014 and 2015 are on record. The report of adoptive parents shows them as being successful, caring and committed. Theirs marriage is stable. Their income is more than sufficient, and their home, family and community are excellent environments for bringing up a child. The other necessary documents are available.

6.

The latest HIV report of the minor of 1st August 2015 is tendered in a compilation that also contains copy of the permission from the receiving country. The compilation is taken on record and marked "X1" for identification. Ms. Nagpal for the Petitioners points out that the HIV report of the minor is negative. 7.

The medical examination of the minor shows no abnormalities.

8.

There is a Scrutiny Report of Mr. Hareendran of ICSW is considered and taken on record and marked "X2" for identification.

9.

In view of this, the Petition is allowed and the Judge's Order is separately signed.

(G. S. PATEL, J.)