Varshini Illam Trust v. No Respondent
O.P.No. 485 of 2022 C.V.KARTHIKEYAN, J.
Petition filed taking advantage of Section 56(1) of the Juvenile Justice [Care and Protection of Child] Act 2015 read with regulations 12(2) of the said Act seeking recognition of the adoption of the minor child Adhirai now known as Aadhira, born on 26.09.2021.
2.
The first petitioner Varshini Illam Trust is a recognised Specialisd Adoption Agency under Section 65 of the Juvenile Justice [Care and Protection of Children] Act 2015 by the State Government of Tamilnadu for rehabilitating orphans and abandoned and surrendered child in accordnace with the provisions of the Juvenile Justice Act and the regulations therein. It is stated that license for in- Country adoption had been granted. It is a registered child care institution.
3. The minor child Adhirai now known as Aadhira was surrendered by the biological mother at Thirvannamalai on 04.10.2021. She was placed under the care of the first petitioner. The second and third petitioners, who were marieed on 01.09.2008 were not blessed with any children and had expressed
interest in taking on adoption the child. The necessary child study report and medical examination report had been obtained. Thereafter this petition has been filed seeking the reliefs as stated in the petition. 4.
The petitioners were directed to tender evidence. The second petitioner examined himself as PW-1. The surrender letter dated 04.10.2021 given by the biological mother was marked as Ex.P-1, the temporary custody letter given by the Child Welfare Committee was marked as Ex.P-2 and the letter declaring the child was free for adoption was marked as Ex.P-3, the online application was marked as Ex.P-4 and the Home study report and other study report and the medical examination report were marked as Exs.P-5 to P7. The undertaking for adoption was marked as Ex.P-8. The declaration of willingness was marked as Ex.P-17 and the photograph of the minor child was marked as Ex.P-18.
5.
Thereafter, Sankar, Social Worker of the first petitioner was examined as PW-2. The power of attorney was marked as Ex.P-20 and the certificate of recognition was marked as Ex.P-21.
6.
After evidence had been recorded, this Court had directed the parties to be present again before the learned Master to observe the bondage between the child and the parents. They had so appeared on 12.10.2022. The observation of the Master is as follows:- "This Court gave its keen attention to the activities of the child for few minutes.
The baby was sit in the arms of the mother.
The mother was feeding the baby by bottle. The baby was calm and quite. The baby showed no expression and silent.
This Court is of the opinion that the child is calm and comfort in the arms of the mother."
7.
In view of the above observation and more particularly because the petitioners have satisfied with the necessary requirements, it is clear that the second and third petitioners are willing to take on adoption the minor child.
8. This Petition stands allowed as prayed for. Vsg 18.10.2022 C.V.KARTHIKEYAN, J.
Vsg
O.P.No. 485 of 2022 18.10.2022