Bal Asha Trust v. Mahesh Kadya Naik And ANR. - Prop.Adoptive Parents

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INDIAN ADOPTION PETITION NO.104 OF 2021 WITH JUDGE'S ORDER NO.205 OF 2021 Bal Asha Trust ...

Petitioner v/s.

Mahesh Kadya Naik and ...

Proposed Adopters Sujata Mahesh Naik.

Mrs. Rakesh K. L. Kapoor for the Petitioner.

Mr. O. Hareendran Nambiar for ICSW is present. Mr. Dilip R. Talekar, Chamber Registrar present. CORAM : A. K. MENON, J.

th DECEMBER, 2021 DATED : 9 P.C. :

1.

The petitioner Bal Asha Trust is a Social Welfare Organisation and Specialised Adoption Agency recognised under Section 65 of the Juvenile Justice (Care & Protection of Children) Act, 2015. The petitioner proposes to give in adoption a minor male child named Manas born on 6 th July, 2019.

The prospective adoptive parents are aged 48 and 41 years have been married since June, 2010 but they have no biological children. In view of their desire to adopt they have agreed and undertaken to adopt Manas and bring up their child as their own. The child was declared legally free for adoption by CARA Digitally signed by RAJESHWARI RAMESH PILLAI Date:

2021.12.14 10:14:36 +0530 on 4 th December, 2020. The child has been in foster care with the prospective RAJESHWARI RAMESH PILLAI 1/3

adoptive parent who have undertaken to permit the social worker to make visits to ensure for upbringing.

2.

The prospective adoptive parents are residents of Vasai. Prospective adoptive father is self employed and prospective adoptive mother is a home maker. The couple have willingly agreed to adopt the child and the adoption is supported by the uncle of the prospective adoptive mother. Friends of the couple have also supported the proposal of adoption. The brother in law and sister in law of the prospective adoptive mother have undertaken to look after the infant in the case of unforeseen eventualities. 3.

Home study report and child study report are in order. Medical reports are also found to be in order. On the income front I queried Mr. Kapoor as to whether the couple will be able to bring up the child, Mr. Kapoor submitted that in Vasai costs are lower as compared to Mumbai and therefore there will be no impediment in this behalf.

4.

Having heard learned counsel for the petitioner and having perused the petition, I am inclined to allow this petition. Accordingly, I pass the following order :

(i) Petition is made absolute in terms of prayer clause (a) to (d) both inclusive.

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(ii) Co-petitioners shall invest a sum of Rs.1,00,000/- 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 promptly after the policy is issued. (iii) Undertakings are accepted.

(iv) Accordingly, Judges order is signed separately. (v) Petition is disposed in terms of the above.

(A.K.MENON, J.) 3/3