Vatsalya Trust v. Sagar Prem Advani And ANR. (Pros. Adoptive Parents) And Niya @ Alisha Advani (Minor)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION AND GENERAL AND INHERENT JURISDICTION INDIAN ADOPTION PETITION NO.105 OF 2021 ALONG WITH JUDGE'S ORDER NO.207 OF 2021 Vatsalya Trust, Mumbai .. Petitioner Sagar Prem Advani Manisha Sagar Advani .. Co-Petitioners-PAPs Niya @ Alisha Sagar Advani .. Minor Ms. Sangeeta Nagpal 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 DECEMBER, 2021.

DATE : 16 P.C. :

1.

The petition seeks adoption of a minor girl-child Niya, born on 19 th September 2020. The petitioner is a child welfare organization and specialized adoption agency. The prospective adoptive parents have a biological male child - Kiyaan aged 6 years and they have proposed to adopt a female minor. The prospective adoptive parents are Indian citizens, both of whom are aged about 38 years. Having been registered under the "Carings" 1/3

portal of CARA, adoption of the minor Niya has been recommended. The Child Welfare Committee has declared the minor legally free for adoption on th December 2020.

2.

The prospective adoptive father is a proprietor of a training center and the prospective adoptive mother works as a Manager in a reputed auditors' firm. Earnings are evidenced by income tax records of both the prospective adoptive parents. The minor child is presently said to be in foster care with them. Considering the undertakings, consent and willingness to adopt as also the Home Study Report, income documents and the medical reports, the proposal seems to be acceptable. Child Study Report is also found to be in order so as the medical report in respect of the minor child. Preadoption Foster Care Undertaking is on record. Social Workers would therefore be entitled to make regular follow-up visits. Consent and willingness to adopt is also found to be on record. In the event of any unforeseen eventually, the undertaking is executed by the brother-in-law and the sister-in-law of the prospective adoptive father.

3.

In these circumstances, considering the documents on record, I have no hesitation in allowing this petition. Accordingly, I pass the following order :- (i) The petition is made absolute in terms of prayer clauses (a) to (e).

(ii) The prospective adoptive parents shall invest a sum of Rs.1,00,000/- in the name of the child in LIC's Single 2/3

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.

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

(v) The petition is disposed in the above terms.

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

2021.12.22 17:45:37 +0530 SNEHA ABHAY DIXIT