Shree Manav Seva Sangh v. Shashi Kumar V And Sowmya H.K And Dattatreya Shashikumar (Minor)

Manoj Wakle

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION AND IN ITS GENERAL AND INHERENT JURISDICTION INDIAN ADOPTION PETITION NO.55 OF 2023 WITH JUDGE'S ORDER NO. 91 OF 2023 IN INDIAN ADOPTION PETITION NO.55 OF 2023 Shree Manav Seva Sangh

...Petitioner/

Applicant And Mr. Shashi Kumar V. and Mrs. Sowmya H. K.

...Prospective Adoptive Parents ---------- Mr. Rakesh K.L. Kapoor i/by M/s. Rakesh K.L. Kapoor & Co., Advocate for the Petitioner.

Mr. O. Hareendran, Scrutiny Officer, ICSW present. Mr. Dilip S. Gurav, Chamber Registrar present. ---------- CORAM : R.I. CHAGLA, J.

DATE :

7TH DECEMBER, 2023.

ORDER :

Digitally signed by WAKLE MANOJ JANARDHAN Date:

2023.12.15 10:08:25 +0530 1.

By this Indian Adoption Petition jointly filed by the WAKLE MANOJ JANARDHAN Petitioner and the Prospective Adoptive Parents, adoption of male 1/9

minor Ashish ("the said male minor") born on 15th December, 2022 is sought. The biological mother surrendered the said male minor child before the Child Welfare Committee (CWC), Mumbai City-II on 28/12/2022 and the said male minor's custody was given to the Petitioner Institution on the same day as per the order dated 28/12/2022 of the CWC, Mumbai City II under the provisions of Juvenile Justice (Care and Protection of Children) Act, 2015 ("the said Act"). The Custody Order of CWC is on record at Page No.22 to the Petition.

2.

After making due inquiry under Section 38 of said Act, the CWC, Mumbai City II declared the said male minor "Legally Free for Adoption" on 01/03/2023. The Free for adoption Certificate is on record at Page No. 21 to the Petition.

3.

The Prospective Adoptive Parents are residing at Bengaluru, Karnataka, aged about 43 and 40 years respectively, having been married for the past 19 years (09/07/2004) with no biological children.

4.

The Motivation Letter from the Prospective Adoptive parents is on record at Page No. 34 to the Petition. 2/9

5.

Affidavit by the Chief Functionary of the Specialized Adoption Agency (Petitioner) in support of the adoption of the said male minor is on record at Page Nos. 84-88 to the Petition. 6.

The Minutes of the Adoption Committee Meeting held on 17/07/2023 is on record at Page Nos. 19-20 to the Petition and the Committee has decided that the Prospective Adoptive Parents are suitable to adopt the said male minor.

7.

The Health Report dated 29/06/2023 of the Prospective Adoptive Parents states that "Both are fit". Their HIV & Hep. B test reports certify the case as Negative. The said Reports can be found at Page Nos. 26-33 to the Petition.

8.

The Prospective Adoptive Father is working as a Senior Project Manager with HCL Technologies Ltd., since August, 2020 and his monthly (May-2023) gross salary is Rs.1,76,145/-. His Employment Certificate and Pay Slip are on record at Page Nos. 41-42 to the Petition.

9.

The Prospective Adoptive Mother is a Homemaker. 10.

The Proof of Residence (copies of Aadhar and Pan Card) 3/9

and supportive financial documents are on record at page Nos. 35-36 & 43-47 to the Petition.

11.

The Home Study Report Part I : Self Assessment by the Prospective Adoptive Parents is on record at Page Nos.48-55 to the Petition.

12.

The Home Study Report Part II : Assessment report dated 06/01/2023 by the authorities of "Shishu Mandir Children's Home", Bengaluru, Karnataka is on record and the report has found the Prospective Adoptive Parents to be suitable for adopting a child. The said report is on record at Page Nos. 56-60 to the Petition. 13.

The child security undertaking dated 05/07/2023 of the Prospective Adoptive Father's sister and brother-in-law residing at Tumkur, Karnataka to look after the said male minor in case of any mishap to the Prospective Adoptive Parents is on record at Page Nos. 68-70 to the Petition.

14.

The Medical Examination Report dated 11/06/2023 of the said male minor states, "Health Status: Normal. Overall Observation of the child: Normal growth and development." The Proposed Adopters have countersigned the said report which is on record at 4/9

Page Nos. 74-80 to the Petition.

15.

The HIV report of the said male minor dated 03/02/2023 certifies the case as Negative. The said report is on record at Page No. 82 to the Petition. The Post Card Size Photograph of the said male minor is on record at Page No.83 to the Petition. 16.

As regards the change of name, the Prospective Adoptive Parents desire that the said male minor "Ashish" be renamed as "Dattatreya Shashikumar".

17.

The Declaration of consent and undertaking by the Prospective Adoptive Parents states that they are willing to be appointed and declared as the Adoptive Parents of the said male minor Ashish. The Declaration is at Page Nos. 37-38 to the Petition. 18.

The Pre-adoption foster care undertaking dated 05/07/2023 is on record at page Nos. 39-40 to the Petition. 19.

The undertaking dated 01/07/2023 by the authorities of "Shishu Mandir Children's Home", Bengaluru, Karnataka for furnishing post adoption follow-up reports is on record at Page No. 89 to the Petition.

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20.

The Petitioner institution's recognition from the Women & Child Development, Maharashtra State to place children in adoption is valid for a period up to 07/03/2024.

21.

The Scrutiny Officer, Mr. O. Hareendran has tendered the Report/Representation from the Indian Council of Social Welfare dated 04/12/2023 which is taken on record and marked 'X' for identification.

22.

Having considered the material on record as well as the Report of the Scrutiny Officer which is marked 'X', for identification, I am of the view that it would be in the interest of the said male minor child that he is adopted by the Prospective Adoptive Parents. 23.

It is relevant to note here that in the case of Nisha Pradeep Pandya alias Nisha Amit Gor and Anr. Vs. Union of India and Ors.,1 concerning challenge raised to the Juvenile Justice (Care and Protection of Children) Amendment Act, 2021, the Division Bench of this Court on 10th January, 2023 passed an interim order. The relevant portion of said order of Division Bench reads as follows : "8.

In the meantime, there will be an ad-interim order Writ Petition No.1085/2023 (Writ Petition (L) No.32065/2022) 6/9

only until the next date in terms of prayer clauses (d), (e) and (f) of the petition which reads as follows: (d) Pending the final hearing and disposal of the present Petition, the Hon'ble Court may be pleased to stay the effect, implementation and purport of the letter dated 30th September, 2022 issued by Respondent No.2;

(e) Pending the final hearing and disposal of the present Petition, the Hon'ble Court may be pleased to direct the Respondents not to transfer pending adoption matters before the District Magistrates for adjudication.

(f) Pending the final hearing and disposal of the present Petition, the Hon'ble Court may be pleased to direct the Hon'ble Courts to continue with the adjudication of the adoption matters that are pending on their record and file.

9.

Additionally, the safer and more prudent course of action would be to allow all matters to be placed before the learned Single Judge of this Court who is assigned those matters. Those orders may be continued to be passed until the challenge is finally decided."

7/9

24.

Hence, it is clear that this Court can consider and dispose of the present Petition.

25.

In these circumstances, the Petition is allowed in terms of prayer clauses (a) to (d) of the Petition, which read thus:- "(a) That the Prospective Adoptive Parents be given the said child Dattatreya Shashikumar in Adoption and be declared as parents having all parental legal rights,Privileges and responsibilities over the said minor. (b) That the Prospective Adoptive Parents may be granted leave to remove the said minor from the jurisdiction of this Hon'ble Court and to take the said minor out of the jurisdiction of this Hon'ble Court whenever required.

(c) That the concerned Municipal Authority/Birth Certificate issuing Authority may be directed to issue Birth Certificate in the name of the said minor Dattatreya Shashikumar born on 15/12/2022 and stating thereon that the Prospective Adoptive Parents are the parents of the said minor.

(d) That the Prospective Adoptive Parents be allowed to change the name of the minor from 'Ashish' to "Dattatreya Shashikumar " born on 15/12/2022." 8/9

26.

The Judge's Order is accepted and signed separately. 27.

There is an undertaking of the Adoptive Parents in the Judge's Order to invest a sum of Rs.1,00,000/- (Rupees One Lakh only) in the Adopted Child's name. They also undertake not to withdraw this investment till the Adopted Child attains the age of majority. They have agreed to handover the investment receipt to the Adopted Child on his becoming a major. This undertaking is accepted as an undertaking to this Court.

28.

The present Indian Adoption Petition is accordingly, disposed of. There shall be no orders as to costs. [R.I. CHAGLA, J.] 9/9