Vatsalya Trust v. Mirandola Gaetano And Virgilio Deborah (Pro Adopters)

JSN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION AND IN ITS GENERAL AND INHERENT JURISDICTION JUDGE'S ORDER NO. 167 OF 2016 IN FOREIGN ADOPTION PETITION NO. 59 OF 2016 Vatsalya Trust

...Petitioner

And Mr. Mirandola Gaetano ...Proposed Adopters Ms. Sangeeta A Nagpal, for the Petitioners.

Mr. O. Hareendran, Scrutiny Officer of ICSW.

CORAM: G.S. PATEL, J DATED:

PC:- 1.

On 21st September 2016, I required an additional test since I believed that the medical report then available of Dr. Archana Singh indicated a borderline condition regarding the development of the minor Rama.

2.

Ms. Nagpal appearing today tenders a compilation dated 28th September 2016 of two documents. This compilation is taken on record and marked "X2" for identification. The first report is of Mrs. Dhara Bangera, a clinical Psychologist attached to Jaslok Hospital, Bhakti Vedanta Hospital and Hiranandani Hospital. Mrs. Bangera reports that there is mild lag in perception but the other developmental markers are all in order. She believes that this lag is attributable to the fact that Rama started directly in Grade I and missed early schooling and pre-schooling. She says that with sufficient stimulation and correct exposure, this developmental lag, mild though it is, can be satisfactorily addressed. 3.

The second document is a report dated 1st October 2016 from Dr. Anaita Udwadia-Hegde, Consultant Paediatric Neurologist attached inter alia to Jaslok Hospital, Breach Candy Hospital and other medical institutions. She also has a large private practice. She reports that she first saw Rama at 71⁄2 years of age on 26th September 2016. He was brought to the trust on 13th June 2014. Even then he was able to manage all his activities of daily living . His speech was in full sentences but not fully clear. 4.

There followed the neurological visit of 26th September 2016. He is presently in Class 2. Dr. Udwadia-Hegde reports that he is independent, alert, active and social. His speech is complete but its clarity is a mild concern. He shows signs of hyperactivity and has some issues concentrating. Other than this, she reports his neurological assessment to be normal. Technical details are provided and she too is of the opinion that with the appropriate stimulation and environment, Rama will do well.

5.

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

6.

The present medical reports are to be communicated to the adoptive parents.

(G. S. PATEL, J.)