Madras High CourtOP/421/2021ordered

Varshini Illam Trust v. Nil

2021-08-13Honourable Mr Justice V. Parthiban13 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) FRIDAY, THE 13th DAY OF AUGUST 2021 THE HON'BLE MR. JUSTICE V.PARTHIBAN O.P. No.421 of 2021 In the matter of the Juvenile Justice Act and In the matter of Twin Minors Devarishi now known as Gali Vignesh (male) and Deetchitha now known as Gali Viharika (female) Date of Birth : 06.04.2020

1. Varshini Illam Trust, No.108, 4th Street, AH Block, Anna Nagar, Chennai 600 040 represented by their authorized Person Mr.John Alex

2. Mr.Gali Muralidhar

3. Mrs.Gali Premalatha Residing at 18-06-761, Lal Darwaza near Balagunj Bandlaguda, Charminar, Falaknuma Hyderabad, Telegana Andhra Pradesh - 500 053.

: Petitioners Original Petition praying that this Hon'ble Court be pleased to pass an order that the petitioners the 2nd petitioners is Mr.Gali Muralidhar, and the 3rd Petitioner is Mrs.Gali Premalatha both residing at 18.06.761, Lal Darwaza near Balagunj, Bandlaguda, Charminar, Falaknuma, Hyderabad, Telegana, Andhra Pradesh - 500 053 be appointed as parents of the Twin Minor Children Devarishi now known as Gali Vignesh (male) and

Deetchitha now known as Gali Viharika (female) whose date of birth is 06.04.2020.

a) That the prospective adoptive parents may please be declared as parents of the person of the said minor children for all purposes allowed by the law and up bring the children as their own children with the legal status of a biological child with all the rights of succession and inheritance. b) That the Birth Certificate issuing Authority may please be directed to issue birth certificate Twin Minor Children Devarishi now known as Gali Vignesh (male) and Deetchitha Now known as Gali Viharika (female) whose date of birth is 06.04.2020 within five working days from the date of application, as per the provisions of sub-regulations(5) of the regulations 18 and regulation 36 of CARA Regulations.

c) The Regional Passport Office concerned may be directed to issue passport for the said child within 10 days from the date of application, as per sub-regulations (4) of the regulations 18 and regulation 38 of CARA Regulations.

This original petition coming on this day before this court for hearing in the presence of Mrs.R.Jayasudha Suryanarayanan, advocate for the petitioners herein and upon reading the petition together with the Declaration of Willingness of Mr.Gali Muralidhar and Mrs.Gali Premalatha, the 2nd and 3rd petitioners herein, accepting to be the adoptive parents of the

Twin minors above named, and the other exhibits therein referred to and upon perusing the evidence adduced therein, and this court is satisfied that it will be most beneficial to the minor children, if the petitioners are appointed as the adoptive parents, it is ordered as follows:- That Mr.Gali Muralidhar and Mrs.Gali Premalatha, the 2nd and 3rd petitioners herein, Residing at 18-06-761, Lal Darwaza near Balagunj, Bandlaguda, Charminar, Falaknuma, Hyderabad, Telegana, Andhra Pradesh - 500 053, be and are hereby appointed as adoptive parents of the Twin Minor Children Devarishi now known as Gali Vignesh (male) and Deetchitha now known as Gali Viharika (female) whose date of birth is 06.04.2020, whose photograph is duly attested and annexed hereto, as per section 56(1) of the Juvenile Justice Act 2 of 2016.

2. That the 2nd and 3rd petitioners/prospective adoptive parents herein be and are hereby declared as parents of the person of the said minor children for all purposes allowed by the law and up bring the children as their own children with the legal status of a biological child with all the rights of succession and inheritance.

3. That the Birth Certificate issuing Authority herein, be and is hereby directed to issue birth certificate Twin Minor Children Devarishi now known as Gali Vignesh (male) and Deetchitha Now known as Gali Viharika (female) whose date of birth is 06.04.2020 within five working days from

the date of application, as per the provisions of sub-regulations(5) of the regulations 18 and regulation 36 of CARA Regulations. c) The Regional Passport Office concerned herein be and is hereby directed to issue passport for the said child within 10 days from the date of application, as per sub-regulations (4) of the regulations 18 and regulation 38 of CARA Regulations.

(Annexure) WITNESS THE HON'BLE MR. JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 13th DAY OF AUGUST 2021.

Sd./- ASSISTANT REGISTRAR (O.S.II) //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

SK-26.08.2021 O.P. No.421 of 2021 ORDER :- Dated: 13.08.2021 THE HON'BLE MR.JUSTICE V.PARTHIBAN FOR APPROVAL: 27.08.2021 APPROVED ON: 31.08.2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

1. Varshini Illam Trust, No.108, 4th Street, AH Block, Anna Nagar, Chennai 600 040 represented by their authorized Person Mr.John Alex

2. Mr.Gali Muralidhar

3. Mrs.Gali Premalatha Residing at 18-06-761, Lal Darwaza near Balagunj Bandlaguda, Charminar, Falaknuma Hyderabad, Telegana Andhra Pradesh - 500 053.

Deetchitha now known as Gali Viharika (female) whose date of birth is 06.04.2020.

This original petition coming on this day before this court for hearing, the Court made the following order:- This petition has been filed under Section 56(1) of the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016) read with Regulations 12(2) and 17 of the Adoption to appoint the 2nd and 3rd

petitioners as parents of the Twin Minor Children Devarishi, now known as Gali Vignesh (male) and Deetchitha now known as Gali Viharika (female).

2. The case of the petitioners in brief is as follows:- (a) The 1st petitioner is a recognised Specialized Adoption Agency under Section 65 of the Juvenile Justice (Care and Protection of Children) 2015 (2 of 2016) by the State Government of Tamilnadu for rehabilitating orphans, abandoned and surrendered children through adoption in accordance with the provision of the Juvenile Justice Act and Adoption Regulations. The incountry license granted to the 1st petitioner Institution by the Government of Tamil Nadu has been renewed on 23.12.2016 and the period of validity of the certificate is five years from 23.12.2016 to 22.12.2021. The 1st petitioner is a registered Child Care Institute, which is having the care and custody of the Twin Minor Children Devarishi now known as Gali Vignesh(male) and Deetchitha now known as Gali Viharika (female) having born on 06.04.2020.

(b) The 2nd petitioner is Mr.Gali Muralidhar, aged 46 years and the 3rd petitioner is Mrs.Gali Premalatha, aged 41 years, both residing at 18-06761, Lal Darwaza near Balagunj, Bandlaguda, Charminar, Falaknuma, Hyderabad, Telegana, Andhra Pradesh - 500 053. (c) The authorised person Mr.John Alex is a Trustee at Varshini Illam

Trust (1st petitioner herein), a Child Welfare Organisation having registered office at No.108, 4th Street, AH Block, Anna Nagar, Chennai - 600 040. (d) The two minor children were surrendered by the Biological mother before the CWC Villupuram on 06.10.2020 and handed over by Child Welfare Committee, Villupuram in temporary custody for care on 06.10.2020. The said two minor children were declared as legally free for adoption by the Child Welfare Committee, Villupuram by its order dated 07.12.2020.

(e) The 2nd and 3rd petitioners are Indian Citizens. The date of birth of the 2nd petitioner is 17.05.1975 and that of the 3rd petitioner is 17.06.1980. They got married on 28.06.2007 at Hyderabad. They do not have biological child. The 2nd and 3rd petitioners wanted to adopt a child. The 2nd petitioner is working as Executive in a Private Company and gets an annual income of Rs.3,78,000/-. The 3rd petitioner is also working as Junior Officer in a Agroha Co-operative Urban Bank Ltd., and gets an annual income of Rs.1,87,800/-. The financial position of the couple is good.

(f) The petitioners registered for adoption online with CARA on 15.02.2019 (PrTe 131993808) and through online system of matching as per the new CARA guidelines 2015 Twin Minor Children Devarishi, now known as Gali Vignesh (male) and Deetchitha, now known as Gali Viharika

(female) having born on 06.04.2020 was matched online and the 2nd and 3rd petitioners accepted to adopt the above named twin children and they have also submitted all the particulars called for from them along with the home study report conducted on 02.03.2019 by the District Welfare Officer, District Child Protection Unit, WCD & SC Department, Hyderabad. The minor children was shown to the couple and they also decided to adopt the above named twin children. The said children were given in Foster Care on 18.01.2020 to the 2nd and 3rd petitioners and from that day onwards, the said couple has been bringing up the said children as their own, bestowing the parental affection. The 2nd and 3rd petitioners submit that they have signed the Child Study Reports of both the children and Medical Examination Reports pertaining to the above named minor children and decided to adopt the above named minor twin children. All the relevant papers pertaining to the 2nd and 3rd petitioners, viz., Income Certificate, Marriage Certificate and to adopt are filed along with the petition.

3. Heard the learned counsel appearing for the petitioners.

4. The second petitioner examined himself as P.W.1. In his evidence, he has reiterated what are all stated in the petition. While deposing, he marked 16 documents as Exs.P1 to P16. Ex.P1 (series 2 Nos.) are the

photocopies of the Surrender documents dated 06.10.2020. Ex.P2 (series 2 Nos.) are the photocopies of the Temporary Custody letter of Child Welfare Committee dated 06.10.2020. Ex.P3 (series 2 Nos.) are the original Child Welfare Committee Clearance dated 07.12.2020. Ex.P4 is the online application of Central Adoption Resource Authority. Ex.P5 is the original Home Study Report dated 02.03.2019. Ex.P6 (series 2 Nos.) are the original Child Study Report dated 18.01.2021. Ex.P7 (series 2 Nos.) is the original Medical Examination Report dated 01.12.2020. Ex.P8 (series 2 Nos.) are the original Pre-Adoption Foster Care Undertaking dated 18.01.2021. Ex.P9 is the photocopy of the Marriage Certificate of the adoptive parents dated 11.01.2021. Ex.P10 (series 2 Nos.)

are the photocopies of the proof of birth for adoptive parents namely X Mark Sheet of the 1st petitioner and birth certificate of the 2nd petitioner. Ex.P11 is the original of Medical Certificate of adoptive parents. Ex.P12 (series 2 Nos.) is the original salary certificate of the adoptive parents dated 02.01.2021. Ex.P13 (series 2 Nos.) are the photocopies of the PAN cards of the adoptive parents. Ex.P14 (series 2 Nos.) are the photocopies of the Aadhaar cards of adoptive parents. Ex.P15 is the declaration of Willingness given by the Adoptive parents. Ex.P16 is the photograph of minor children namely Devarishi now known as Gali Vignesh and Deetchitha now known as Viharika along with compact disc.

5. The first petitioner, a Trustee in Varshini Illam Trust, was examined as P.W.2. and while deposing, P.W.2 marked 4 documents as Exs.P17 to P20. Ex.P17, is the photocopy of the Trust Deed dated 09.04.2014. Ex.P18 is the affidavit from the specialized adoption agency. Ex.P19 is the photocopy of the certificate of recognition of 1st petitioner by State Government dated 23.12.2016. Ex.P10 is the photocopy of the Transfer letter of the 1st petitioner dated 04.08.2020.

6. The materials placed before this Court definitely show that the minor children are abandoned children and their welfare definitely deserve the petitioners being appointed as adoptive parents and being given to them as their adoptive children. I am satisfied that it will be most beneficial to the minor children, if the petitioners are appointed as the adoptive parents.

7. Accordingly, this original petition is ordered as prayed for and the petitioners are hereby appointed as adoptive parents of the minor children, Devarishi, now known as Gali Vignesh (male) and Deetchitha, now known as Gali Viharika (female), and the minor children, Devarishi, now known as Gali Vignesh (male) and Deetchitha, now known as Gali Viharika (female), and they are permitted to take the said minor Children to the place of their residence for up-bringing the children as their own children with the legal

status of the biological children with all the rights of succession and inheritance. The Birth Certificate issuing Authority is directed to issue Birth Certificate for the said minor children, within five working days from the date of application thereof, as per the provisions of sub-regulation(5) of Regulation 18 and Regulation 36 of the CARA Regulations. Sd./-V.P.N.J., 13/08/2021 //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.