Holy Apostles Convent v. No Respondent

C.V.KARTHIKEYAN,J., This Original Petition has been filed under Section 56(1) of the Juvenile Justice (Care and Protection of Children) Act, 2016 and Clause 17 of the Letters Patent, seeking a declaration that the 2nd and 3rd petitioners G.Manikandan and his wife Mrs.M.Varathalakshmi may be declared to be the adopted parents of the child, Sai Sabari, who was originally called Iniyan. He was born on 14.02.2022.

2. He had been declared as free for adoption child, by the Child Welfare Committee at Thiruvallur, by an order dated 16.06.2022.

3. After following necessary procedure, the parents had also appeared before the learned Master and evidence was recorded.

4. However, this Court required further clarification and directed the matter to be listed again before the learned Master to observe the bondage of the child with the adoptive parents.

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5. The parents and the child had appeared before the learned Master on 01.11.2022, wherein, the learned Master had noted the following observation.

"The child was in the arms of the mother. The child was playing and shouting with her mother and father. The child was very active and really engaged himself and very much comfort with the parents."

6. In the evidence tendered, Sr.L.Malar, Social Worker of the 1st petitioner had examined herself as P.W.1 and she marked Ex.P1 which was the Home Study Report and Ex.P2, the Child Study Report and Ex.P3, the Medical Report. She also produced the order of the Child Welfare Committee as Ex.P4. The decision of the Adoption Committee was marked as Ex.P6. The affidavit of the Chief Functionary of Specialization Adoption Agency was marked as Ex.P7 and the Pre-adoption Foster document was marked as Ex.P8. The photograph of the minor child was marked as Ex.P5. The learned Master had made necessary endorsement in the photograph of the child.

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7. The 2nd petitioner examined himself as P.W.2. He also marked his and the 3rd petitioner's School Leaving Certificates as Exs.P10 and P11 and the Marriage Certificate as Ex.P12. The recommendation letters were marked as Ex.P17 and P18. The consent and willingness were marked as Ex.P12.

8. In view of the evidence produced and particularly also because of the noting and observation of the learned Master, the petition stands allowed.

03.11.2022 ssi Note: Issue Order Copy on 10.11.2022.

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C.V.KARTHIKEYAN,J., ssi 03.11.2022 4/4