M. S. W. C. Adoption Group v. Sheldon Rochwyn Fernandes And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION AND GENERAL AND INHERENT JURISDICTION INDIAN ADOPTION PETITION NO.99 OF 2021 ALONG WITH JUDGE'S ORDER NO.199 OF 2021 M.S.W.C. Adoption Group at M.S.W.C. Asha Sadan Balgruh .. Petitioner Sheldon Rochwyn Fernandes and Anr.

.. Co-Petitioners/Adoptive Parents Soumya @ Hannah Rachel Fernandes .. Minor Ms. Dipal Sanjanwala Mehta 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 NOVEMBER, 2021.

DATE : 25 P.C. :

1.

The petitioner is a registered child care institute and specialized adoption agency recognized pursuant to Section 65 of the Juvenile Justice (Care and Protection of Children) Act, 2015 and proposed to give a minor girl-child Soumya, which is under their care, to the prospective adoptive parents, who are residents of Wadala (East), Mumbai. The minor is admitted to the petitioner-Institution on 28 th April 2021. The Child Welfare Committee has since declared the minor free for adoption on 28 th July 2021. The child 1/3

has since been in the custody of the institution. The prospective adoptive parents are keen on adopting the minor. They have executed a Pre-adoption Foster Care Undertaking that they would follow all the requirements of the law and permit the Social Worker to make visits and to keep the State Adoption Resource Agency and the court advised of change in place of residence, if the occasion so arises.

2.

The prospective adoptive parents have appeared before me along with the minor and the two biological children that they already have. The prospective adoptive father is a Electronic and Software Engineer and is selfemployed. The prospective adoptive mother is presently a home-maker. They are reasonably well-placed financially and otherwise and have been found suitable to adopt the minor child. The Home Study Report and child care arrangement found to be satisfactory.

3.

In the circumstances, I have no hesitation in permitting this adoption to proceed and accordingly, I pass the following order :- (i) Petition is made absolute in terms of prayer clauses (a) to (e).

(ii) Prospective adoptive parents shall invest a sum of Rs.2,00,000/- in the name of the minor 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 2/3

this fact having been communicated to the LIC in the registry.

(iii) Undertakings are accepted (iv) Judge's Order is signed separately.

(v) Petition is disposed in the above terms.

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

2021.11.26 17:19:08 +0530 SNEHA ABHAY DIXIT