Gilroy John Dsouza And ANR v. Durga Calista Gilroy Dsouza Minor )

 iap-1.16.doc sbw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION AND IN ITS GENERAL AND INHERENT JURISDICTION INDIAN ADOPTION PETITION NO.1 OF 2016 WITH JUDGE'S ORDER NO.5 OF 2016 Mr. Gilroy John D'souza and Mrs. Fiona Gilroy D'souza

...Petitioners

............

Mr. Rakesh Kapoor for the Petitioners.

Mr. O. Hareendran, representative of ICSW present. ...........

CORAM: A. K. MENON, J.

DATE : 18TH JANUARY, 2016 P.C.:

On 13th January, 2016 time was taken to file an affidavit of the mother of the petitioner no.1 as also to obtain opinion of a Haematologist as to whether the petitioner no.1 being found to be a Hepatitis B carrier could put the child to any risk. A fresh affidavit of Mrs. Nathalin John D'Souza has been filed is duly interpreted to her by the office of the translator. The deponent is also present. In the affidavit she has stated that since her son and daughter-in-law are ready to adopt the child and since they both are employed she will be able to look after the 1/2

 iap-1.16.doc child in their absence. Her affidavit is taken on record. In addition, Mr. Kapoor has tendered a blood test report of petitioner no.1 along with certificate issued by Lilavati Hospital and Research Centre on 15th January, 2016 by Dr. Raju Kanakia certifying that he has seen the first petitioner who is a carrier of Hepatitis-B virus and he does not require any treatment at present and his status will not affect the baby if adopted. This is taken on record.

2] In the circumstances, the Judge's Order has been signed separately and the undertaking contained therein are accepted including the undertaking to invest a sum of Rs.1,00,000/- (Rupees One Lac only) in a single premium policy in the name of the child Calista Gilory D'Souza. The Municipal Corporation is also been ordered to issue a birth certificate in the name of Calista Gilory D'Souza which they shall do expeditiously and in any even within a period of two weeks from service of a certified copy of the Judge's Order as well copy of this order. After the investment is made the receipt issued by the LIC along with the policy shall be filed in the Registry.

(A. K. MENON, J.) wadhwa 2/2