Varshini Illam Trust v. No Respondent

O.P.No. 484 of 2022 C.V.KARTHIKEYAN, J.

Petition filed under Section 56(i) of the Juvenile Justice [Care and Protection of Children] Act, 2015 read with regulations 12(2) seeking recognition and stamp of approval by this Court to appoint the second and third petitioners as parents of the minor female child Varshini now known as Joy Infancia, who was born on 15.09.2021.

2.

In the Petition, it had been stated that the first petitioner represented by social worker Sankar Raj, is a specialised Adoption Agency as stated under Section 65 of the Juvenile Justice [Care and Protection of Children] Act 2015 by the State of Tamilnadu. It is permitted to rehabilitate orphans and abandoned and surrendered child in accordnace with the provisions of the Juvenile Justice Act and the regulations therein. A license for in-Country adoption had been given by the Government of Tamil Nadu and is in force. It is stated that the first petitioner is a registered child care institution. They had taken custody of the minor female child Varshini now known as Joy Infancia. Her date of birth is 15.09.2021. The second and

third petitioners have expressed willingness to take the child in custody. The child was surrendered by biological mother to Child Welfare Committee on 17.09.2021. The child had been placed with the first petitioner for temporary care and protection. She had been declared as legally free for adoption by the Child Welfare Committee by an order dated 19.01.2022. After going through the normal process, the second and third petitioners have renamed the child as Joy Infancia. In view of these facts, the petition has been filed seeking the reliefs thereunder.

3.

The parties were directed to tendered evidence. The second petitioner A.Jayaseelan was examined as PW-1. The Surrender letter of the biological mother was marked as Ex.P-1 and the temporary custody letter was marked as Ex.P-2. The letter declaring that the child was free for adoption was marked as Ex.P-3. The Home Study Report was marked as Ex.P-5 and the child study report was marked as Ex.P-6. The free adoption foster care undertaking was marked as Ex.P-8.

4.

The declaration of willingness was marked as Ex.P-18. The photograph of the minor child Varshini was marked as Ex.P-19.

5.

The social worker of the first petitioner Sankar Raj was examined as PW-2 and his power of attorney was marked as Ex.P-21 and photocopy of the certificate of registrtion of the first petitioner was marked as Ex.P-23.

6.

This Court had thereafter directed the Master to note the bondage between the second and third petitioners and the child. In his notings, the Master had noted as follows:- "When the parents entered into the Court, the baby was in the arms of the father. The mother called the baby and the baby at once jumped to her mother. When the baby was kept by the mother, the child raised the hands showing his father expressing the wish to go to him.

This Court is of the opinion after watching the activities of the child, that the baby is much comfortable with the parents and a bond of love

and affection is very well established."

C.V.KARTHIKEYAN, J.

Vsg 7.

I must place appreciation to the efforts taken by the learned Master to record this fact of bondage between the child and the adoptive parents.

8.

In view of the evidence recorded and also in view of the fact that this Court is satisfied that the second and third petitioners have made out a good case for being permitted to take on adoption the child, this Petition stands allowed as prayed for.

Vsg 18.10.2022 O.P.No. 484 of 2022