St. Catherines Home v. Naresh Dnyaneshwarji Pathrabe And Gitanjali Naresh Pathrabe And Mahira Naresh Pathrabe(Minor)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION AND IN ITS GENERAL AND INHERENT JURISDICTION INDIAN ADOPTION PETITION NO.100 OF 2021 WITH JUDGE'S ORDER NO.203 OF 2021 St. Catherine's Home .. Petitioner v/s.
Naresh Dnyaneshwarji Pathrabe & Anr. .. Prospective Adoptive Parents And Mahira Naresh Pathrabe .. Minor Mr. Rakesh Kapoor for the petitioner.
Mr. O Hareendran, Security Office of ICSW -present. Mr. Dilip R. Talekar, Chamber Registrar-present. CORAM : A. K. MENON, J.
DATED : 2ND DECEMBER, 2021 P.C. :
1. The petitioner is a registered Social Welfare Organization recognized said to be a Specialized Adoption Agency under the Juvenile Justice Act. It proposes to grant in adoption of minor girl child 'Mahira' born on 19 th June, 2019 to the Prospective Digitally signed by SANDHYA BHAGU WADHWA Date:
2021.12.07 17:05:05 +0530 SANDHYA BHAGU WADHWA 1/4
Adoptive Parents who are residents of Nagpur. The child has been in foster care with the Prospective Adoptive Parents who have executed the necessary undertaking and affidavit that they would allow the social worker to visit the home to ascertain progress of the child.
2. The Prospective Adoptive Parents are aged 49 and 43 years. The couple have been married for 23 years and have one biological son now about 18 years of age. They wish to adopt a girl child to complete their family. The medical reports of the Prospective Adoptive Parents are on record, so also the motivation letter. They have undertaken to look after the child and bring up the child as their own.
3. The prospective adoptive father is a Cashier with the LIC of India and earns a respectable salary. The mother is a Home maker and thus able to devote time to the upbringing of the child. They have accepted the proposal to adopt wholeheartedly and have agreed to ensure the welfare of the child as their own. Medical reports of the Prospective Adoptive Parents appear satisfactory. Income documents including salary certificate, Annual Income Tax 2/4
Return acknowledgment for the Assessment Year 2019-2020 and 2021-22 has been filed on record.
4. Home Study Report reveals the intention of the Prospective Adoptive Parents to adopt and there are no other family members residing with them. The proposal is supported by friends of the couple who have certified their character. Child Study Report is also on record and appears to be acceptable. In these circumstances, they propose to change the name of the child to 'Mahira Naresh Pathrabe.' The social worker has vide letter dated th November, 2021 place on record a post placement report of the child dated 24 th November, 2020. The report appears satisfactory.
5. Having heard the learned counsel for the petitioner and having perused the record I have no hesitation in allowing this petition. Accordingly I pass the following order;
(i) Petition is made absolute in terms of prayer clauses (a) to (d) both inclusive.
(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 3/4
file evidence of this fact having been communicated to the LIC in the registry.
(iii) Undertakings are accepted.
(iv) Accordingly, Judges order is signed separately. (v) Petition is disposed in terms of the above.
(A. K. MENON, J.) 4/4