Bal Asha Trust v. Anna Ribo Coma And Imtihaz Ribo Coma (Minor)
Shephali
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION FOREIGN ADOPTION PETITION NO. 39 OF 2018 WITH JUDGE'S ORDER NO. 213 OF 2018 Bal Asha Trust
...Petitioner
And Anna Ribo Coma ... Proposed Adopter And Imtihaz Iqbal Ansari (name to be changed to 'Imtihaz Ribo Coma') ... Minor Mrs Sangeeta A Nagpal, 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, Imtihaz Iqbal Ansari. He was born on 28th August 2009. On 11th April 2016, he was found abandoned by the Hamara foundation, Railway Child Line, Mumbai Central Railway Station, Mumbai. On the same day he was admitted to the New Observation Home, Mankhurd. On 21st September 2017 he was transferred to the Petitioner institution Bal Asha Trust, Mumbai.
2.
The Child Welfare Committee, Mumbai City II has, after following necessary procedures, declared the child legally free for adoption.
3.
The minor is nine years old. His consent in writing is on record.
4.
The undertaking/Affidavit of the Petitioner and the No Objection Certificate of CARA are on record.
5.
The Approvals from the Regional Government of Catalonia, Catalonia's Institute of Foster Care and Adoptions, Barcelona, Spain are on record.
6.
The proposed adopter is single. She is a Spanish National and resides in Barcelona, Spain. She is 47 years old and has no biological children of her own.
7.
The medical reports of the child are on record. They show no abnormalities. The adoptive mother has countersigned these reports. The medical report of the adoptive mother also shows no abnormalities. The HIV reports for minor and the adoptive mother are negative.
8.
The adoptive mother works as an Independent Jewellery Designer. Her taxable income for the year 2015 was Euro 34,026.87. The other financial documents are on record.
9.
The Income Tax Certificate and the Childcare Arrangement Plan are taken on record and collectively marked "X1" for identification with today's date. The Childcare Arrangement Plan is satisfactory.
10.
The undertaking by the Sponsoring Agency, YAMUNA Association for Children's Aid, Bareclona, Spain is on record. 11.
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.
12.
The proposed change of name from 'Imtihaz Iqbal Ansari' to 'Imtihaz Ribo Coma' is approved.
13.
I have seen the scrutiny report presented by Mr O Hareendran, Scrutiny Officer of the Indian Council of Social Welfare, which is on record.
14.
Having regard to these circumstances, I will allow the Petition. The Judge's Order is separately signed. 15.
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.
16.
Once Imtihaz 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)