Family Service Centre v. Narendra Kumar And Deepa S (Prospective Adoptive Parents)

1/4

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS GENERAL & INHERENT JURISDICTION INDIAN ADOPTION PETITION NO.98 OF 2018 In the matter of the adoption of a female minor Trisha @ Trisha Narendra Kumar, aged about 5 months under Section 58(3) of Juvenile Justice Act, 2015.

Family Service Centre )....Petitioner/Applicant V/s.

Narendra Kumar & Deepa S.

)....Proposed Adopters ---- Mr.Rakesh Kapoor for petitioners.

Ms.Vandana Jog- Scrutiny Officer of ICSW present. ---- CORAM : K.R.SHRIRAM,J DATE : 9.1.2019 P.C.:- 1.

This is a petition for adoption of female child Trisha born on 4.6.2018 by Indian Nationals. The biological mother surrendered her child before the Child Welfare Committee, Mumbai City-II on 12.6.2018 and the custody was given to petitioner-institution Family Service Centre, Colaba, Mumbai on the same day as per the Safe Custody Memo of child Welfare Committee, Mumbai City-II dated 12.6.2018 under Section 36(1) of the Juvenile Justice (Care & Protection of Children) Act, 2015 (the said Act) and Rulle 18(4) of the Model J.J.Rules, 2016. After making due inquiry under Section 38 of

2/4 the said Act the Child Welfare Committee Mumbai City-II has declared the proposed minor Trisha legally free for adoption as on 13.8.2018. The prospective adoptive parents are residing at Bangalore, aged about 38 and 37 years, respectively. They have been married for the last 7 years (18.8.2011) with no biological or adopted children. The petitioners have filed Motivation letter by the prospective adoptive parents, decision of adoption committee dated 22.10.2018 and affidavit by Chief Functionary of the Specialized Adoption Agency (Applicant).

2.

I have considered the petition, annexures thereto and the report dated 19.11.2018 of the Scrutiny officer of Indian Council of Social Welfare (ICSW) which is taken on record and marked `X' for identification.

3.

The prospective adoptive father is working as a General Manager with Cognizant Technology Solutions India Private Ltd., Bangalore from 1.10.2012 and his monthly gross salary is Rs.2,08,794 (For September-2018). Petitioners have also filed pay slips, proof of employment ad Tax returns. The prospective adoptive mother is a homemaker. Petitioners have filed the proof of residence, statement of Net worth Certificate, Bank statement and other supportive financial documents. The home study report part-I : self assessment by the prospective adoptive parents is on record.

3/4 4.

The part II Assessment report of the Social Worker of St.Michael's Home/Convent, Bangalore (Home visit done on 7.7.2016) states "Prospective Adoptive Parents are loving, caring and responsible couple and has strong social and financial support to look after the child now and in future. The couple is having a strong and stable marital life and maintaining a good standard of living. After all the assessment, the Social Worker recommends the family as suitable adoptive parents and a healthy child any gender can be placed with them". The petitioners have also filed child security undertaking dated 27.10.2018 by the brother and sister-in-law of the prospective adoptive father residing at Bangalore to look after the proposed minor in case of any mishap to the prospective adoptive parents. 5.

Medical Examination of the proposed minor dated 24.8.2018 states " Overall observation of the child :Trisha's behavior is age appropriate and she can do better in handy atmosphere". The prospective adoptive parents have countersigned the said report. 6.

The HIV report of the proposed minor dated 21.8.2018 certifies the case as "Non-reactive. Petitioners have filed post card size photographs of the minor, joint consent and undertaking by the prospective adoptive parents, pre-adoption foster care undertaking dated 27.10.2018 and the undertaking to send follow up report dated 16.8.2018 by the authorities of St.Michael's Home/Convent,

4/4 Bangalore.

As regards the change of name the prospective adoptive parents desire that the minor `Trisha' be renamed as `Trisha N.K.". 8.

The Specialized Adoption Agency's (Family Service Centre, Mumbai) recognition from the Women & Child Development, Government of Maharashtra to place children in adoption is valid upto 31.7.2019.

9.

The other required documents are also on record. Therefore, I find no impediment in granting the reliefs sought in the petition.

10.

Petition allowed. Judges' order is signed separately. (K.R.SHRIRAM,J)