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Bombay High CourtFAP/65/2016disposed off

Shraddhanand Mahilashram v. Richard Jon Wester, American And ANR And Shlok (Minor)

2016-10-19Hon'Ble Shri Justice G.S. Patel3 pages

JSN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION AND IN ITS GENERAL AND INHERENT JURISDICTION JUDGE'S ORDER NO. 183 OF 2016 IN FOREIGN ADOPTION PETITION NO. 65 OF 2016 Shraddhanand Mahilashram

...Petitioner

And Mr. Richard Jon Wester and Another.

...Proposed Adopters Mr. Rakesh Kapoor, for the Petitioners.

Mr. O. Hareendran, Scrutiny Officer of ICSW.

CORAM: G.S. PATEL, J DATED:

PC:- 1.

The Petition proposes the adoption of a male child named Shlok born on 20th October 2012. He was in the custody of Shraddhaand Mahilashram, Matunga. He was declared legally free for adoption on 5th March 2013. The necessary no objection certificates from CARA are on record as is the undertaking and the Affidavit by the Petitioner.

2.

The adoptive parents are both American nationals aged about 46 and 42 years respectively. Married for past 17 years, they have a biological son, today 12 years old, and another adopted son about six years old. The second son was adopted in Cuttack, India. 3.

The adoptive father was married earlier and divorced. He had no children by his first marriage. He works as a Captain with the United States Coast Guard. His mother works as a Director with the well known company, Sodexo. Their combined income is substantial. However, the latest tax returns were not initially filed with the Petition. These are now included in a compilation that is tendered by Mr. Kapoor, and which also includes Shlok's latest IQ report. This compilation is taken on record and marked "X" for identification. There is Scrutiny Report from Mr. Hareendran, which is taken on record and marked "X1".

4.

The home study report, child care plan and other documents including the approval notice and the guardianship agreement are in order. The HIV report for the minor is negative. He appears to have a minor condition of bronchitis, but this has been addressed and in any case, the adoptive parents are aware of this background. 5.

I am satisfied that the Petition deserves to be allowed. 6.

I must note that although the name of the foreign adoption sponsoring agency was wrongly shown in the Petition as "International Family Services (IFS), USA". It is corrected to "Children's House International" on the basis of a corrigendum

from CARA dated 2nd September 2016. This is included in separate a compilation which is taken on record and marked "X2" for identification.

7.

The Petition is allowed and the Judge's Order is separately signed.

(G. S. PATEL, J.)