Vatsalya Trust, Mumbai Through Its Authorised Signatory / Convener - Leelawati Belwalkar v. Roshan Sharma And Jaya Sharma(Prospective Adoptive Parents) And Hitarth Sharma (Minor)
Kishor 3-IAP-84-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION AND IN ITS GENERAL AND INHERENT JURISDICTION INDIAN ADOPTION PETITION NO. 84 OF 2024 WITH JUDGE'S ORDER NO. 130 OF 2024 IN INDIAN ADOPTION PETITION NO. 84 OF 2024 Vatsalya Trust, Mumbai
...Petitioner
And.
1. Mr. Roshan Sharma and
2. Mrs. Jaya Sharma.
... Proposed Adoptive Parents.
---------- Ms. Aarti Prasad Kulkarni, for the Petitioner. Mr. O. Hareendran, Scrutiny Officer present.
Mr. Dilip S. Gurav, Chamber Registrar present. ---------- CORAM : R. I. CHAGLA, J.
DATE :
09 OCTOBER 2024 ORDER :
1.
By this Indian Adoption Petition, the Petitioner and the Proposed Adoptive Parents have sought adoption of the male minor Shakti ("the said male minor") born on 14th August 2023. The 1/10
Kishor 3-IAP-84-2024.doc biological mother had surrendered the said male minor before the Child Welfare Committee, (CWC), Mumbai Suburban District on 17th August 2024, and the said male minor was admitted to the Petitioner Institution on the same day. On 17th August 2022 through its order, the said CWC recognized that admission under the provisions of Juvenile Justice (Care and Protection of Children) Act, 2015 ("the said Act"). The admission order of the CWC is on record at page No. 21 to the Petition.
2.
After making due inquiry under section 38 of the said Act the CWC, Mankhurd, Dist. Mumbai declared the said male minor Shakti "Legally Free for Adoption" on 26th October 2023. The Free for adoption Certificate is on record at page Nos. 23-24 to the petition.
3.
The Prospective Adoptive Parents are Indian nationals, presently residing at Pune, aged about 46 and 45 years respectively. They have been married for the past 19 years (11th May 2005) with no biological children.
4.
The Motivation Letter from the Prospective Adoptive 2/10
Kishor 3-IAP-84-2024.doc Parents is on record at page No. 32 to the Petition.
5. Affidavit by the Chief Functionary of the Specialized Adoption Agency (Petitioner) in support of the adoption of the said male minor Shakti is on record at page Nos. 122-127 to the Petition.
6. The Minutes of Adoption Committee Meeting held on 19th July 2024 is on record at page No. 20 to the Petition. It states that the Prospective Adoptive Parents are suitable to adopt the said male minor.
7. The Medical report dated 04th March 2024 of the Prospective Adoptive Parents states that they are not suffering from any chronic, contagious or fatal disease and fit to adopt a child. Their HIV and HbsAg Test reports certify the case as Non Reactive. These reports are on record at page Nos. 28-31 to the Petition.
8. The Prospective Adoptive Father is working as a Medical Physicist & Radiation Safety Officer with Army Education Corps (AEC), Ministry of Defense, Government of India, Pune since September, 2010 and his monthly (January-2024) gross salary is Rs. 1,30, 334/-. His Form No. 16, Income Tax Returns and Pay Slip are 3/10
Kishor 3-IAP-84-2024.doc on record at page Nos. 46-52 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. 33-40 & 54-71 to the Petition.
10.
The Home Study Report Part I: Self Assessment Reports by the Prospective Adoptive Parents is on record at page Nos. 72-81 & 86-95 to the Petition.
11.
The Home Study Report Part II Assessment Reports dated 24th June 2020 by the Authorities of "Foster Care home Services, Department of women & Child Development, New Delhi and Updated Report dated 31st July 2023 of the Specialized Adoption Agency "SOFOSH-Society of Friends of the Sassoon Hospitals" Pune have found the Prospective Adoptive Parents suitable for adopting a child. These reports are on record at page Nos. 82-85 & 96-100 to the Petition.
12.
The child security undertaking dated 28th March 2024 of 4/10
Kishor 3-IAP-84-2024.doc the Prospective Adoptive Father's elder brother and sister-in-law residing at Jaipur, Rajasthan to look after the said male minor in case of any mishap to the prospective adoptive parents is on record at page Nos. 104-108 to the Petition.
13.
The Medical Examination Report of the said male minor dated 21st February 2024 states "Health status of the child: Normal. Overall observation of the child: Up to now his overall mental development is normal". The Prospective Adoptive Parents have countersigned the said report, which is on record at page Nos. 112122 to the petition. 14.
The HIV Report of the said male minor dated 06th February 2024 certifies the case as Negative. This report is on record at page No. 120 to the petition. The Photograph of the said male minor is on record at page 121 to the petition. 15.
The Declaration of consent and undertaking by the Prospective Adoptive Parents is states that they are willing to be appointed and declared as the Adoptive Parents of the said male minor. The said Declaration is on record at page No. 38-39 to the petition.
5/10
Kishor 3-IAP-84-2024.doc 16.
The pre-adoption foster care undertaking dated 23rd July 2024 is on record at page Nos. 40-41 to the Petition. 17.
As regards the change of name, the prospective adoptive parents desire that the said male minor "Shakti'' be renamed as "Hitarth Sharma".
18.
The Undertaking dated 02nd March 2024 given by the Specialized Adoption Agency "SOFOSH-Society of Friends of the Sassoon Hospitals" Pune for furnishing post adoption follow-up reports is on record at page No. 130 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 05th July 2025. 20.
Mr. O. Hareendran, Scrutiny Officer has tendered Report/Representation of Indian Council of Social Welfare dated 07th September 2024, which is taken on record and marked "X" for identification.
6/10
Kishor 3-IAP-84-2024.doc 21.
Having considered the material on record as well as the Report of Mr. O. Hareendran, Scrutiny Officer dated 07th September 2024, which is marked X, I am of the view that it would be in the interest of the said male minor child, that he is adopted by the Proposed Adopters.
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 Respondent No.2;
Writ Petition No.1085/2023 (Writ Petition (L) No.32065/2022) 7/10
Kishor 3-IAP-84-2024.doc (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 (d) of the Petition which read thus; "(a) That the Prospective Adoptive Parents be given the said child in Adoption and be declared as parents 8/10
Kishor 3-IAP-84-2024.doc and has 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 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.
(c) That the concerned Municipal Authority/Birth Certificate issuing Authority may be directed to issue Birth Certificate in the name of the said minor Hitarth Sharma, born on 14th August 2023 and stating that thereon that the Prospective Adoptive Parents as the Parents of the said minor.
(d) That the Prospective Adoptive Parents be allowed to change the name of the minor from Shakti to"Hitarth Sharma, born on 14th August 2023.
25.
There is an undertaking of the Adoptive Parents in the Judge's order to invest a sum of Rs. 1,00,000/- in the name of Adopted Child. They also undertake not to withdraw this investment till the Adopted Child attains majority. They agree to hand over the investment receipts to the Adopted Child on his becoming a major. These undertakings are accepted as undertakings given to this Court. 9/10
Kishor 3-IAP-84-2024.doc 26.
The Judge's order is accepted and signed separately. 27.
The Indian Adoption Petition is accordingly disposed of. No order 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. by KISHOR VISHNU KAMBLE Date:
2024.10.17 10:56:49 +0530 KISHOR VISHNU KAMBLE 10/10