Vatsalya Trust Through Social Worker Anupama Dhuri v. Shripad Shashikant Pokhare And Shraddha S Pokhare (Prop. Parents) And Priyasha @Asmi Pokhare (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. 65 OF 2024 Digitally signed by SHARADA RANGNATH WAHULE Date:
2024.07.29 11:01:36 +0530 WITH SHARADA RANGNATH WAHULE JUDGE'S ORDER NO. 98 OF 2024 IN INDIAN ADOPTION PETITION NO. 65 OF 2024 Vatsalya Trust
...Petitioner
And Mr. Shripad Shashikant Pokhare and Mrs.
Shraddha Shripad Pokhare.
...Prospective Adoptive Parents ---------- Ms. Sangeeta A. Nagpal, Advocate for the Petitioner. Ms. Vandana Chincholkar, Scrutiny Officer, ICSW present. Mr. D.S. Gurav, Chamber Registrar present.
---------- CORAM : R.I. CHAGLA, J.
DATE :
24TH JULY 2024 ORDER :
1.
By this Indian Adoption Petition the Petitioner and the Prospective Adoptive Parents have sought adoption of the female minor Priyasha ("the said female minor") born on 26/07/2023. The 1/9
biological mother surrendered the said female minor before the Child Welfare Committee (CWC), Mumbai Suburban District on 08/08/2023 and the child's custody was given to the Petitioner Institution on the same day as per the order of the said CWC dated 08/08/2023 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.124 to the Petition. 2.
After making due inquiry under Section 38 of the said Act, the CWC, Mumbai Suburban District declared the said female minor Priyasha ("Legally Free for Adoption") on 10/10/2023. The Free for Adoption Certificate is on record at Page Nos.121-122 to the Petition. 3.
The Prospective Adoptive Parents are Indian nationals residing at Khalapur, Dist. Raiged, Maharashtra aged about 46 and 42 years respectively. They have been married for the past 14 years (20/11/2009) with no biological children.
4.
The Motivation Letter of the Proposed Adopter is on record at page No.102 to the Petition.
5.
Affidavit by the Chief Functionary of the Specialized Adoption Agency (Petitioner) in support of the adoption of the said 2/9
female minor is on record at page Nos.134-139 to the Petition. 6.
The Minutes of Adoption Committee meeting held on 02/02/2024 is on record at page No.118 to the Petition. It states that the Prospective Adoptive Parents are suitable to adopt the said female minor.
7.
The Medical Report of the Prospective Adoptive Parents dated 25/01/2024 states that, "They are medically and physically fit". Their HIV and HBsAg Test Reports certify the case as Negative. These reports are on record at page Nos.34-37 to the Petition. 8.
The Prospective Adoptive father is working as an Assistant Manager with Cipla Limited, Mumbai since 11/02/2013 and his monthly (April-2024) gross salary is Rs.76,149/-. His Employment Certificate, Pay slip and Form No.16 are on record at page Nos.40-65 to the Petition. The Prospective Adoptive mother is a Homemaker. 9.
The copies of Pan Card, Proof of residence and supportive financial documents are on record at page Nos.30, 32, 39 and 67-70 to the Petition.
10.
The Home study report Part I Self Assessment by the 3/9
Prospective Adoptive Parents is on record at page Nos.71-78 and 8493 to the Petition. 11.
The Home Study Part II : Assessment Reports dated 11/09/2020 and 12/09/2023 by the authorities of Vatsalya Trust, Alibag, Dist. Raigad has found the Prospective Adoptive Parents suitable for adopting a child. The said Home Study Reports are on record at page Nos.79-83 & 94-100 to the Petition. 12.
The child security undertaking dated 05/02/2024 given by the Prospective Adoptive father's sister and brother-in-law residing at Badlapur East, Thane to look after the said female minor in case of any mishap to the Prospective Adoptive Parents is on record at page Nos.103-106 to the Petition.
13.
The Medical Examination Report of the said female minor dated 05/01/2024 states, "Health status of the child: Normal child. Overall observation of the child: Up to now her overall mental development is normal". The Proposed Adoptive Parents have countersigned the Medical Examination Report which is on record at page Nos.110-116 to the Petition.
14.
The HIV report of the said female minor dated 10/08/2023 certifies the case as Negative. This report is on record at page No.117 4/9
to the Petition. The Post Card Size Photograph of the said female minor is on record at page No.131 to the Petition. 15.
The Pre-adoption foster care undertaking dated 10/02/2024 is on record at page Nos.125-126 to the Petition. 16.
The Joint Declaration of consent, and willingness 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.127-130 to the Petition. 17.
As regards the change of name, the Proposed Adoptive Parents desire that the said female minor 'Priyasha' be renamed as "Asmi Shripad Pokhare".
18.
The undertaking dated 23/01/2024 given by the authorities of "Vatsalya Trust", Alibag for furnishing post adoption follow-up reports is on record at page No.133 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.
Ms. Vandana Chincholkar, Scrutiny Officer who is present has tendered Report / Representation of Mr. O. Hareendran, Scrutiny 5/9
Officer from the Indian Council of Social Welfare (ICSW) dated 11/07/2024 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 18/07/2024 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 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 Writ Petition No.1085/2023 (Writ Petition (L) No.32065/2022) 6/9
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 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 (e) of the Petition, which read thus:- "(a) "For adoption of the Proposed female minor baby Priyasha @ Asmi Shripad Pokhare born on 26th July, 2023 by Proposed Adopters under Juvenile Justice Act 7/9
(b) For declaring the Proposed Adopters as Adoptive Parents of the said minor and shall have all parents rights, privileges and responsibilities over the said minor girl Asmi Shripad Pokhare (c) That the Proposed Adopters be granted permission to change the name of minor Priyasha to Asmi Shripad Pokhare (d) That the concerned Municipal Authority / Birth Certificate issuing Authority may be directed to issue Birth Certificate in the name of the said minor Asmi Shripad Pokhare, born on 26th July, 2023 and stating thereon that the Prospective Adoptive Parents as the Parents of the said minor (e) That the Prospective Adoptive Parents may be granted Leave to remove the said minor 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".
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 agree to handover the 8/9
investment receipt to the Adopted Child on her becoming a major. These undertakings are accepted as undertaking 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