Shraddhanand Mahilashram v. Sourabh Ashok Mahindra And Nikita S. Mahindra (Pros. Ado. Parents) And Ruhaan S. Mahindra (Minor)

Sharayu Khot.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION AND IN ITS GENERAL AND INHERENT JURISDICTION INDIAN ADOPTION PETITION NO. 4 OF 2024 WITH JUDGE'S ORDER NO. 8 OF 2024 Shraddhanand Mahilashram

...Petitioner

And Sourabh Ashok Mahindra & Anr.

...Prospective Adoptive Parents ---------- Mr. R.K.L. Kapoor for the Petitioners.

Mr. O. Hareendran, Scrutiny Officer present.

Mr. D.S. Gurav, Chamber Registrar present.

---------- CORAM :R.I. CHAGLA J DATE :11 January 2024 ORDER :

1.

By this Indian Adoption Petition, the Prospective Adoptive Parents have sought adoption of the male minor Mayur SHARAYU PANDURANG KHOT Digitally signed by SHARAYU PANDURANG KHOT Date:

2024.01.23 12:37:23 +0530 ("the said male minor") born on 23rd June 2022. The said male minor was admitted to the Petitioner Institution on 6th July 2022 as 1/10

per the order of the Child Welfare Committee (CWC), Mumbai City-I dated 6th July 2022 under the provisions of Juvenile Justice (Care and Protection of Children) Act, 2015 ("the said Act"). 2.

Thereafter, the birth mother of the said male minor executed a Deed of Surrender before the said CWC, Mumbai City-I for the said male minor child's further rehabilitation. The Custody Order of the CWC is on record at page 23 to the Petition. 3.

After making due inquiry under Section 38 of the said Act, the CWC, Mumbai City II declared the said male minor "Legally Free for Adoption" on 17th October 2022. The Free for adoption Certificate is on record at page 22 to the Petition. 4.

The Prospective Adoptive Parents are residing at Jalgaon, Maharashtra aged about 40 and 33 years respectively. They have been married for the past 10 years (19th September 2013) with no biological children.

5.

The motivation letter from the Prospective Adoptive Parents is on record at page 31 to the Petition. 2/10

6.

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. 91-95 to the Petition. 7.

The Minutes of Adoption Committee Meeting held on 20th June 2023 is on record at page No. 21 and it states that the Prospective Adoptive Parents are suitable to adopt the said male minor child.

8.

The Health Report dated 2nd June 2023 of the Prospective Adoptive Father is on record and it states, "He has known case of hypertension since 2014, for which he is under treatment with good control. Presently he is clinically, hermodynamically and mentally stable." His HIV and HBsAg test Report certify the case as Non Reactive. The said Reports are on record at pages 27-28 to the Petition.

9.

The Health Report dated 2nd June 2023 of the Prospective Adoptive Mother states that "She is clinically, hemodynamically and mentally stable." Her HIV and HBsAg test Report certify the case as Non Reactive. These Reports are on record 3/10

at pages 29-30 to the Petition.

10.

The Prospective Adoptive Father is working as a Deputy Manager -Mechanical with Orient Cement Limited, Jalgaon since 15th February 2010 and his monthly (May-2023) gross salary is Rs. 1,03,243/-. His Employment Certificate, Pay slips and Income Tax Returns are on record at page Nos. 40-51 to the Petition. 11.

The Prospective Adoptive Mother is a Homemaker. 12.

The Proof of Residence, Copies of Aadhar and Pan Card and supportive financial documents are on record at page Nos. 32-35 and 52-53 to the Petition.

13.

The home study report Part I: Self Assessment by the Prospective Adoptive Parents is on record at pages 54-61 to the Petition.

14.

The Home Study Part II: Assessment Report dated 13th October 2022 by the Social Worker of "Shishu Gruha" Dhule has found the Prospective Adoptive Parents suitable for adopting a child. 4/10

The said Report is on record at pages 62-67 to the Petition. 15.

The child security undertaking dated 20th June 2023 given by the Prospective Adoptive parents' cousin sister and brother-in-law residing at Bhusawal, Jalgaon to look after the said male minor in case of any mishap to the Prospective Adoptive Parents is on record at page Nos. 75-78 to the Petition. 16.

Medical Examination Report dated 26th April 2023 of the said male minor states "Health Status: Normal. Overall observation of the child: Active". The Proposed Adopters have countersigned the said Report. This Report is on record at pages 8187 to the Petition. 17.

The HIV Report of the said male minor dated 8th October 2022 certifies the case as Non reactive. This Report is on record at page 89 to the Petition.

18.

Post Card Size Photograph of the minor is on record at page 90 to the Petition.

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19.

As regards the change of name, the Prospective Adoptive Parents desire that the said male minor 'Mayur' be renamed as "Ruhaan Sourabh Mahindra".

20.

The Declaration of consent and undertaking by the Prospective Adoptive Parents states that they are willing to be appointed and declared Adoptive Parents of the said male minor. This declaration is at page Nos. 36-36A to the Petition. 21.

The Pre-adoption foster care undertaking dated 21st June 2023 is on record at page Nos. 37-39 to the Petition. 22.

The undertaking dated 5th June 2023 by the Specialized Adoption Agency "Shishu Gruha", Dhule for furnishing post adoption follow-up Reports is on record at page 96 to the Petition.

23.

The Petitioner institution's recognition from the Women & Child Development, Maharashtra State to place children in adoption is valid up to 8th March 2024.

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24.

Mr. O. Hareendran, Scrutiny Officer has tendered Report/Representation of Indian Council of Social Welfare dated 26th December 2023, which is taken on record and marked "X" for identification.

25.

Having considered the material on record as well as the Report of Mr. O. Hareendran, Scrutiny Officer marked X, I am of the view that it would be in the interest of the said male minor, if he is adopted by the Prospective Adopters.

26.

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 only until the next date in terms of prayer clauses (d), (e)and (f) of the petition which reads as follows: 1 Writ Petition No.1085/2023 (Writ Petition (L) No.32065/2022) 7/10

(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."

27.

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

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28.

In these circumstances, the Petition is made absolute in terms of prayer clauses (a) to (d) which read thus:- "(a)That the Prospective Adoptive Parents be given the said child Ruhaan Sourabh Mahindra 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 Ruhaan Sourabh Mahindra born on 23/06/2022 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 MAYUR to "Ruhaan Sourabh Mahindra"."

29.

There is an undertaking in the Judge's Order that Adoptive Parents will create a fixed deposit for an amount of Rs. 9/10

1,00,000/- (Rupees One Lakh only) in the name of the Adopted Child. Further there is an undertaking not to withdraw the said amount until the Adopted child attains majority. The Adoptive Parents have agreed to handover investment receipts to the Adopted child on his becoming a major. This undertaking is accepted as an undertaking to this Court.

30.

Judge's Order is accepted and signed separately. 31.

The Indian Adoption Petition is accordingly, disposed of.

32.

There shall be no order as to costs.

[R.I. CHAGLA J.] 10/10