Madras High CourtOP/645/2021allowed

Holy Apostles Convent v. Nil

2021-12-16Honourable Mr Justice Abdul Quddhose11 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) THURSDAY, THE 16th DAY OF DECEMBER 2021 THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE O.P. No.645 of 2021 In the matter of the Juvenile Justice Act In the matter of minor Aparna born on 21.01.2021 Female, Indian, abandoned

1. Holy Apostles Convent by its Social Worker, Sr.Malar L.

St.Thomas Mount Chennai 600 016.

2. Mr.Prabakar K Puthran S/o.Krishna A Kundar

3. Mrs.Savitha P.Puthran W/o.Prabakar K Puthran Both residing at No.2-99/2 Amma, Jarkallu, Mandarthi Post Udupi 576 223 Karnataka.

...Petitioners

Original Petition praying that this Hon'ble Court be pleased to:- a) that the 2nd and 3rd petitioners, who are the prospective adoptive parent may please be given the minor Aparna in adoption and be declared as the parent of the said minor, for all purposes allowed by the law. b) That the Birth Certificate Issuing Authority, Cantonment Board,

St.Thomas Mount cum Pallavaram, Chennai 16 may be directed to issue Birth Certificate for the said child within five working days from the date of application, as per the provisions of Regulation 36 of the Adoption Regulations of CARA.

This original petition coming on this day before this court for hearing in the presence of Miss.M.B.Dominique, advocate for the petitioners herein and upon reading the petition together with the Declaration of Willingness of Mr.Prabakar K Puthran and Mrs.Savitha P.Puthran, the 2nd and 3rd petitioners herein, accepting to be the adoptive parents of the minor above named, and the other exhibits therein referred to and upon perusing the evidence adduced therein, it is ordered as follows:- That Mr.Prabakar K Puthran and Mrs.Savitha P.Puthran, the 2nd and 3rd petitioners herein, residing at No.2-99/2 Amma, Jarkallu, Mandarthi Post, Udupi 576 223 Karnataka who are the prospective adoptive parents be and are hereby permitted to adopt the minor Aparna and declared as the parents of the said minor, for all purposes allowed by the law, whose photograph is duly attested and annexed hereto, as per section 56(1) of the Juvenile Justice Act 2 of 2016.

2. That the Birth Certificate Issuing Authority, Cantonment Board, St.Thomas Mount cum Pallavaram, Chennai 16 be and is hereby directed to issue Birth Certificate for the said child within five working days from the date of application, as per the provisions of Regulation 36 of the Adoption Regulations of CARA.

(Annexure) WITNESS THE HON'BLE MR.JUSTICE MUNISHWAR NATH BHANDARI ACTING CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 16th DAY OF DECEMBER 2021. Sd./- ASSISTANT REGISTRAR (O.S.II) //Certified to be true copy// Dated at Madras this the day of 2022. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

KY 07.01.2022 O.P. No.645 of 2021 ORDER :- Dated: 16.12.2021 THE HON'BLE MR.JUSTICE ABDUL QUDDHOSE FOR APPROVAL: 31.01.2022 APPROVED ON: 31.01.2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

1. Holy Apostles Convent by its Secretary, Sr.Thresiamma M.

St.Thomas Mount Chennai 600 016.

2. Mr.Prabakar K Puthran S/o.Krishna A Kundar

3. Mrs.Savitha P.Puthran W/o.Prabakar K Puthran Both residing at No.2-99/2 Amma, Jarkallu, Mandarthi Post Udupi 576 223 Karnataka.

...Petitioners

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 Act 2 of 2016 read with Clause 17 of the Letters Patent seeking for the following reliefs:

(a) The second and third petitioners who are the prospective adoptive parents may please be given the minor Aparna in adoption and be declared as the parents of the said minor, for all purposes allowed by the law; and (b) The Birth Certificate Issuing Authority, Cantonment Board, St. Thomas Mount cum Pallavaram, Chennai - 16 may be directed to issue Birth Certificate for the said child within five working days from the date of application, as per the provisions of Regulation 36 of the Adoptive Regulations of CARA.

2. The minor child Aparna was born on 21.01.2021. According to the petitioners, she was declared legally free for adoption by the Child Welfare Committee Order, Vellore dated 29.07.2021 as per the provisions of

Section 38 of Juvenile Justice Act and the said child is registered in the Child Adoption Resource Information and Guidance System with the Registration No. RIPA/TN/2-0335 for the purpose of adoption as envisaged in Section 56(1) of the Juvenile Justice Act.

3. The first petitioner is a recognized Specialized Adoption Agency registered under section 65 of the Juvenile Justice (Care and Protection of Children) Act of 2015. The second and third petitioners are registered in the Child Adoption Resource Information and Guidance System with the Registration No.PrKa116071880 and they got married on 09.08.2003. According to them, the second petitioner is a self employed businessman engaged in building stones quarrying whose annual gross income is Rs.5,10,141/- and third petitioner is a Primary School Assistant Mistress whose annual gross income is Rs.6,37,992/-. According to the petitioners, both the second and third petitioners have been found eligible and suitable to adopt the minor child Aparna as per the criteria mentioned in Section 57 of the Juvenile Justice Act and Regulation 5 of the Adoption Regulations of CARA, based upon their Home Study Report.

4. Minor Aparna has been referred to the second and third petitioners online through Child Adoption Resource Information and Guidance

System. The said petitioners accepted to adopt the said minor by signing the Child Study and Medical Reports on 14.09.2021. The child has been given in Pre-Adoption Foster Care to the second and third petitioners on 15.09.2021, after obtaining a Pre-Adoption Foster Care Affidavit as per the provisions of Section 58(3) of Juvenile Justice Act and Regulation 11(1) of the Adoption Regulations of CARA.

5. The second and third petitioners have undertaken in the said PreAdoption Foster Care Affidavit that they will allow the authorized social worker of the Specialized Adoption Agency to visit their home for undertaking post-adoption follow-up to ascertain the progress and wellbeing of the child in the adoptive family as per section58(5) of the Juvenile Justice Act.

6. The second and third petitioners have further undertaken to inform any change in the place of their residence to the Specialized Adoption Agency and to the State Adoption Resource Agency concerned and to this Court for the purpose of post adoption Follow-up.

7. The second and third petitioners have also undertaken to upbring

the said child as their own and to accord the same status, rights and privileges to the child at par with the natural born child as provided in preadoption foster care affidavit.

8. The first petitioner which is a Specialized Adoption Agency has decided to place the child in adoption as per decision of the Adoption Committee dated 14.09.2021.

9. In the petition filed in support of this O.P.No.645 of 221, the petitioners have also stated that they have not filed any other application for the adoption of the said child in any other Court of Law.

10. Before the learned Master, the first petitioner through its authorized representative Sister L.Malar was examined as PW1. In her deposition, she has reiterated the contents of the petition filed in support of O.P.No.645 of 2021. In support of the contents of the petition filed in support of O.P.No.645 of 2021, through PW1, the following documents were marked as exhibits:

Exhibits Nature of documents P1 Original Home Study Report dated 28.08.2021 P2 (Series 2 Nos.) the Original Child Study and Medical Reports dated 14.09.2021 P3 Photocopy of the Child Welfare Committee Order dated 29.07.2021 P4 Photograph of the minor child Aparna P5 Photocopy of the Decision of the Adoption Committee dated 14.09.2021 P6 Affidavit by chief functionary of specialized adoption agency dated 14.09.2021.

Exhibits Nature of documents P7 Original pre-adoption foster care affidavit dated 15.09.2021 P8 Photocopy of the certificate of registration under Juvenile Justice Act dated 18.12.2019.

11. The second petitioner is the perspective adoptive father of the minor adoptive child Aparna was examined as PW2. In his deposition, he has also reiterated the contents of the petition filed in support of O.P.No.645 of 2021. Through PW2, the following documents were marked as exhibits:

Exhibits Nature of documents P9 (Series 2 Nos) Photocopies of the School certificate of the 2nd and 3rd petitioners showing their date of births dated 13.07.1974 and 01.06.1977 P10 Original Marriage Certificate of the 2nd and 3rd petitioners dated 01.08.2018 P11 (series 2 Nos.) Original Health Certificate dated 27.08.2021 in respect of the 2nd and 3rd petitioners.

P12 (series 2 Nos.) Downloaded copy of the Income Tax returns of the 2nd petitioner dated 30.05.2021 and the Original salary certificate of the 3rd petitioner for the month of July 2021 which was issued on 31.08.2021.

P13 (series 2 Nos.)Original recommendation letters dated 02.09.2021 P14 (series 2 Nos.) Photocopies of the Aadhaar cards of the 2nd and 3rd petitioners P15 (series 2 Nos.) Photocopies of the PAN cards of the 2nd and 3rd petitioners P16 Declaration of willingness of the 2nd and 3rd petitioners dated 15.09.2021

12. After giving due consideration to the pleadings and evidence available on record, this Court is of the considered view that the petitioners have satisfied the statutory requirements for grant of adoption in favour of

the petitioners 2 and 3 for the minor child Aparna who was born on 21.01.2021. Accordingly, this Original Petition is allowed as prayed for.

13. In the result, the following reliefs are granted: (a) The second and third petitioners who are the prospective adoptive parents are permitted to adopt the minor Aparna and declared as the parents of the said minor, for all purposes allowed by the law; and (b) The Birth Certificate Issuing Authority, Cantonment Board, St. Thomas Mount cum Pallavaram, Chennai - 16 is directed to issue Birth Certificate for the said child within five working days from the date of application, as per the provisions of Regulation 36 of the Adoptive Regulations of CARA.

Sd./-A.Q.J 16.12.2021 //Certified to be true copy// Dated at Madras this the day of 2022. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.