Bal Asha Trust v. Sandrine Jacqueline Chanliaux And Rihan Soan Sagir Shaikh Chanliaux - Minor
Shephali
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION FOREIGN ADOPTION PETITION NO. 38 OF 2018 WITH JUDGE'S ORDER NO. 211 OF 2018 Bal Asha Trust
...Petitioner
And Sandrine Jacqueline Chanliaux ...Proposed Adopter And Rihan Sagir Shaikh (name to be changed to 'Rihan Soan Sagir Shaikh Chanliaux') ... Minor Mr Rakesh Kapoor, for the Petitioner.
Mr O Hareendran, Scrutiny Officer, ICSW, is present. CORAM: G.S. PATEL, J DATED:
PC:- 1.
The Foreign Adoption Petition proposes the adoption of a male minor, Rihan Sagir Shaikh. He was born on 6th August 2011. On 28th July 2016 the minor was found abandoned by Hamara foundation, Railway Child Line, Mumbai Central Railway Station, Mumbai. The minor was admitted in New Observation Home, Mankhurd and was later transferred to the Petitioner institution Bal Asha Trust, Mumbai on 26th July 2017.
2.
The Child Welfare Committee, Mumbai City II has, after following necessary procedures, declared the child legally free for adoption.
3.
The undertaking / Affidavit of the Petitioner and the No Objection Certificate of CARA are on record.
4.
The proposed adopter is single. She is a French national and resides at Montmorency, France. She is 47 years old. She has no biological children of her own.
5.
The medical reports of the child are on record. The Medical Examination Report of the minor states that the child underwent a surgery for entrapped penis. Currently, he is disease free. The adoptive mother has countersigned these reports. The medical report of the adoptive mother do not show any abnormalities or any adverse condition. The HIV reports for both are negative. 6.
The adoptive mother is an Executive attached to the computing department with Foods International SAS Company. Her gross annual salary amounts to Euro 45,000/-. The other financial documents are on record.
7.
The Childcare Arrangements Plan is taken on record and marked 'X1' for identification with today's date. The child care plan is satisfactory.
8.
The undertaking by the Sponsoring Agency "Les Enfants de l'Esperance" France and the approval from Directorate on Social Action, Children and Healthcare, Paris, France are on record. 9.
The child security letter by the proposed adopter's cousin sister, one Nathalie Marlot is on record. She resides at Mont-LesSeurre, France and agree and undertake to look after the minor in the event of any mishap.
10.
The home study report says that the adoptive mother is capable of providing the child with a safe, stable and nurturing environment. It recommends the adoption. The other documents are in order.
11.
The proposed change of name from 'Rihan Sagri Shaikh' to 'Rihan Soan Sagir Shaikh Chanliaux' is approved. 12.
I have seen the scrutiny report presented by Mr O Hareendran, Scrutiny Officer of the Indian Council of Social Welfare, which is on record.
13.
Having regard to these circumstances, I will allow the Petition. The Judge's Order is separately signed. 14.
The Registry will get the Petition with all its annexures and all orders, including the signed Judge's Order, scanned. These digital copies are to be preserved. A soft copy may be given to the Advocate for the Petitioner free of cost on a pen drive provided by the
Advocate for the Petitioner for the same. The Registry will ensure that the scan of the Judge's Order is a properly calibrated colour scan.
15.
Once Rihan is 18 years old, he may apply independently for authenticated or certified copies of this order and the contents of the court records, and these will be provided to him without him having to file any additional supporting documents. (G. S. PATEL, J)