St. Catherine Home Th. Its Supdt./Authorized Segnatory Sister Cicily A. Chiramal v. Karthik Chelliah Pillai And Sublaxmi Karthik Pillai (Prop. Parents) And Akshara K. Pillai (Minor)

Sharada

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION AND IN ITS GENERAL AND INHERENT JURISDICTION INDIAN ADOPTION PETITION NO. 62 OF 2024 WITH SHARADA RANGNATH WAHULE JUDGE'S ORDER NO. 94 OF 2024 SHARADA RANGNATH WAHULE Date: 2024.07.20 10:30:04 +0530 IN INDIAN ADOPTION PETITION NO. 62 OF 2024 St. Catherine's Home, Mumbai

...Petitioner

And Mr. Karthik Chelliah Pillai and Mrs. Sublaxmi Karthik Pillai ...Prospective Adoptive Parents ---------- Mr. Rakesh Kapoor i.by Mr. Rakesh K. Kapoor & Co, Advocate for the Petitioner.

Mr. O. Hareendran, Scrutiny Officer, ICSW present. Mr. D.S. Gurav, Chamber Registrar present.

Mr. Karthik Chelliah Pillai - Adoptive Father. Mrs. Sublaxmi Karthik Pillai- Adoptive Mother present. Kum. Akshara Karthik Pillai- Minor present in Chamber. ---------- CORAM : R.I. CHAGLA, J.

DATE :

16TH JULY 2024 1/9

ORDER :

1.

By this Indian Adoption Petition the Petitioner and the Prospective Adoptive Parents have sought adoption of the female minor Rinku ("the said female minor") born on 06/07/2017. The said female minor was found abandoned by the Kandival West Police Station on 06/07/2022 and produced before the Child Welfare Committee-II ("CWC") Mumbai Suburban District on the same day and the said female minor was admitted to Bal Bhavan for immediate care and protection. On 14/10/2022 and said female minor was transferred to the Petitioner Institution as per the order of the said CWC under the provisions of Juvenile Justice (Care and Protection of Children) Act, 2015 ("the said Act"). The CWC Admission order is on record at page No.22 to the Petition.

2.

After making due inquiry under Section 38 of the said Act, the CWC, Mumbai Suburban-II declared the said female minor Rinku ("Legally Free for Adoption") on 29/11/2023. The Free for adoption Certificate is on record at Page No.21 to the Petition. 3.

The Prospective Adoptive Parents are Indian nationals residing at Pune, aged about 48 and 36 years respectively. They have 2/9

been married for the past 18 years (02/07/2006) with no biological children.

4.

The Motivation Letter of the Prospective Adoptive Parents is on record at page No.35 to the Petition.

5.

The Minutes of Adoption Committee meeting held on 10/02/2023 are on record at page Nos.19-20 to the Petition. It states that the Prospective Adoptive Parents are suitable to adopt the said female minor.

6.

Affidavit by the Chief Functionary of the Specialized Adoption Agency (Petitioner) in support of the adoption of the said female minor is on record at page Nos.109-113 to the Petition. 7.

The Medical Report of the Prospective Adoptive Parents dated 03/01/2024 states that, "Both are taking regular treatment for diabetes from KEM Diabetes Unit, Pune and recommended for parenting adopted child.". Their HIV I & II and Hepatitis B Test Reports certify the case as Non Reactive. These reports are on record at page Nos.27-34 to the Petition.

8.

The Prospective Adoptive father is self-employed (own 3/9

business of Manufacturing of Brush) since last 20 years and his income for the Assessment Year 2023-24 is Rs.9,40,350/-. His Income Affidavit and Income Tax Returns are on record at page Nos.43-47 to the Petition. The Prospective Adoptive mother is a Homemaker. 9.

The Proof of Residence, copies of Pan Cards and other supportive financial documents are on record at page Nos.36-38 & 48-58 to the Petition.

10.

The Home study report Part I Self Assessment by the Prospective Adoptive Parents is on record at page Nos.59-69 to the Petition.

11.

The Home Study Part II : Assessment Reports dated 20/07/2021 of the social worker of Specialized Adoption Agency, "SOFOSH-Society of Friends of the Sassoon Hospital", Pune has found the Prospective Adoptive Parents suitable for adopting a child. The said Home Study Reports are on record at page Nos.70-84 to the Petition.

12.

The child security undertaking dated 30/12/2023 of the Prospective Adoptive father's sister and brother-in-law residing at Wakad, Pune to look after the said female minor in case of any 4/9

mishap to the Prospective Adoptive Parents is on record at page Nos.92-93 to the Petition.

13.

The Medical Examination Report of the said female minor dated 16/12/2023 states, "Health Status: Normal. Overall observation of the child: Rinku has achieved all the expected milestones for her age". The Prospective Adoptive Parents have countersigned the Medical Examination Report which is on record at page Nos.97-105 to the Petition.

14.

The HIV report of the said female minor dated 02/12/2023 certifies the case as Negative. This report is on record at page No.107 to the Petition. The Post Card Size Photograph of the said female minor is on record at page No.108 to the Petition. 15.

As regards the change of name, the Proposed Adoptive Parents desire that the said female minor 'Rinku' be renamed as "Akshara Karthik Pillai".

16.

The Declaration of consent, willingness and undertaking to adopt by the Prospective Adoptive Parents states that they are willing to be appointed and declared as Adoptive Parents of the said female minor. The said Declaration is on record at page Nos.39-40 to the Petition.

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17.

The Pre-adoption foster care undertaking dated 30/12/2023 is on record at page Nos.41-42 to the Petition. 18.

The undertaking dated 01/01/2024 given by the authorities of "SOFOSH-Society of Friends of the Sassoon Hospitals" Pune for furnishing post adoption follow-up reports is on record at page No.114 to the Petition.

19.

The Petitioner institution's recognition from the Women & Child Development, Maharashtra State to place children in adoption is valid for a period up to 05/07/2025.

20.

Mr. O. Hareendran, Scrutiny Officer has tendered Report / Representation from the Indian Council of Social Welfare (ICSW) dated 12/07/2024 which is taken on record and marked 'X' for identification.

21.

Having considered the material on record as well as the Report of the Scrutiny Officer dated 12/07/2024 marked 'X', in my view, it would be in the interest of the said female minor child that she is adopted by the Proposed Adoptive Parents. 22.

It is relevant to note here that in the case of Nisha Pradeep Pandya alias Nisha Amit Gor and Anr. Vs. Union of India and Ors.,1 Writ Petition No.1085/2023 (Writ Petition (L) No.32065/2022) 6/9

concerning challenge raised to the Juvenile Justice (Care and Protection of Children) Amendment Act, 2021, the Division Bench of this Court on 10th January, 2023 passed an interim order. The relevant portion of said order of Division Bench reads as follows : "8.

In the meantime, there will be an ad-interim order only until the next date in terms of prayer clauses (d), (e) and (f) of the petition which reads as follows: (d) Pending the final hearing and disposal of the present Petition, the Hon'ble Court may be pleased to stay the effect, implementation and purport of the letter dated 30th September, 2022 issued by Respondent No.2;

(e) Pending the final hearing and disposal of the present Petition, the Hon'ble Court may be pleased to direct the Respondents not to transfer pending adoption matters before the District Magistrates for adjudication.

(f) Pending the final hearing and disposal of the present Petition, the Hon'ble Court may be pleased to direct the Hon'ble Courts to continue with the adjudication of the adoption matters that are pending on their record and file.

9.

Additionally, the safer and more prudent course of action would be to allow all matters to be placed 7/9

before the learned Single Judge of this Court who is assigned those matters. Those orders may be continued to be passed until the challenge is finally decided."

23.

Hence, it is clear that this Court can consider and dispose of the present Petition.

24.

In these circumstances, the Petition is allowed in terms of prayer clauses (a) to (d) of the Petition, which read thus:- "(a) That the Prospective Adoptive Parents be given the said child Akshara Karthik Pillai in Adoption and be declared as parents having all parental legal rights, Privileges and responsibilities over the said minor. (b) That the Prospective Adoptive Parents may be granted leave to remove the said female minor Akshara Karthik Pillai from the jurisdiction of this Hon'ble Court and to take the said minor out of the jurisdiction of this Hon'ble Court whenever required.

(c) That the concerned Municipal Authority/Birth Certificate Issuing Authority may be directed to issue Birth Certificate in the name of the said minor Akshara Karthik Pillai, born on 06/07/2017 and stating thereon that the Prospective Adoptive Parents are the Parents of the said minor.

(d) That the Prospective Adoptive Parent be allowed to 8/9

change the name of the minor from 'Rinku' to "Akshara Karthik Pillai".

25.

In the Judge's Order there is an undertaking of the Adoptive Parents to invest an amount of Rs.1,00,000/- (Rupees One Lakh only) in the name of the Adopted Child. The Adoptive Parents also undertake not to withdraw this investment till the Adopted Child attains majority. The Adoptive Parents agreed to handover the investment receipt to the Adopted Child on her becoming a major. These undertakings are accepted as undertakings to this Court. 26.

The Judge's Order is also accepted and separately signed. 27.

The Indian Adoption Petition is accordingly, disposed of. 28.

There shall be no orders as to costs.

[R.I. CHAGLA, J.] Privacy warning : No part of this order shall be uploaded on any public domain or portal without this Court's express permission. 9/9