Bombay High Court
St. Catherines Home vs Deepak Shivdas Jaiswal And Mamta Deepak ... on 20 January, 2021
Author: N. J. Jamadar
Bench: N. J. Jamadar
2-IAP43-2020AWJO89-2020.DOC
Santosh
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS GENERAL AND INHERENT JURISDICTION
INDIAN ADOPTION PETITION NO. 43 OF 2020
WITH
JUDGE'S ORDER NO. 89 OF 2020
IN
INDIAN ADOPTION PETITION NO. 43 OF 2020
Hridhaya Deepak Jaiswal - Minor
St. Catherine's Home ...Petitioner/Applicant
And
Deepak Shivdas Jaiswal
Mamta Deepak Jaiswal ...Prospective Adoptive
Parents
Mr. Rakesh Kapoor, for the Petitioner.
Mr.O. Hareendran, Representative of ICSW present.
Mr. Arun Kesarkar, 2nd Asstt. Master present.
CORAM: N. J. JAMADAR, J.
DATED : 20th JANUARY, 2021
PC:-
1. This petition under section 56 of the Juvenile Justice
(Care and Protection of Children) Act, 2015 (hereinafter referred
to as 'the Act, 2015') is preferred by St. Catherine's Home, a
specialized adoption agency. The petitioner seeks an order
permitting adoption of a female child born on 19 th November,
2019, and entrusted to its custody by an order dated 7 th
January, 2020, passed by the Child Welfare Committee (II),
V. S.
Parekar Mumbai Suburban District. The petition is supported by an
Digitally signed
by V. S. Parekar
Date: 2021.01.21
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affdavit of Sister Cicily Chiramal, Authorized Signatory and
Convener of the petitioner.
2. Perused the report of Mr. O. Hareendran, Scrutiny Offcer
of Indian Council of Social Welfare.
3. The minor is a surrendered child. The Child Welfare
Committee, after an enquiry envisaged by Section 38 of the Act,
2015, has declared the child legally free for adoption, by its
order dated 24th June, 2020.
4. The adoption Committee, in its meeting held on 18 th
August, 2020 has approved the proposal of the prospective
adoptive parents Mr. Deepak Shivdas Jaiswal and Mrs. Mamta
Deepak Jaiswal to adopt the child. The Adoption Committee
found that the prospective adoptive parents are suitable to
adopt the child.
5. The child study report and medical examination of the
child reveal that the child is developmentally "Normal". The HIV
test report of the minor dated 9 th January, 2020 is "Negative".
The prospective adoptive parents have perused and understood
the contents of the medical examination report of the child and
have shown willingness to accept the child as their child.
6. The marriage of the prospective adoptive parents was
solemnized on 5th May, 2005. They have no biological child. The
prime motivation for the decision to adopt a child seems to be
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the inability to have a biological child. The prospective adoptive
parents have claimed that despite having conceived on 3 to 4
occasions the prospective mother could not successfully carry
the pregnancy. They, thus, intend to adopt the child to complete
the family.
7. The Home Study Report strongly recommends the
proposal for adoption. It, inter-alia, records that the
prospective adoptive parents are family oriented, loving, caring
and responsible. They share a stable marital relationship for 12
years. They are educated and fnancially secure. Their decision
to adopt a child has the support of their family members.
8. The prospective adoptive father is working as Senior
Associate Sales with Ingram Micro India Private Limited. The
salary certifcate for the month of August-2020 indicates that
the gross salary was Rs.56,379/- and the net salary was
Rs.49,953/-. The prospective adoptive mother is a homemaker.
It appears that they are well placed in life. Their fnancial
position is reasonably stable.
9. The decision of the prospective adoptive parents to adopt a
child seems to have been well received by their family members
and well-wishers. Mr. Pankaj Jaiswal and Mrs. Dipika Jaiswal,
the brother and sister-in-law of the prospective father
Mr. Deepak Shivdas Jaiswal have submitted an undertaking to
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look after, maintain and educate the child in an unforeseen
eventuality.
10. In the light of the aforesaid material and the totality of the
circumstances, I am of the considered view that the adoptive
parents are physically ft, fnancially sound, mentally alert and
highly motivated to adopt the child. They have the potential to
provide a good upbringing to the child. Thus, the petition
deserves to be allowed.
11. Hence the following order :
ORDER
(i) The petition is allowed in terms of prayer clauses (a) to (d).
(ii) The child shall not be offered for further adoption.
(iii) Undertakings are accepted.
(iv) Judge's order is signed separately. The petition stands disposed of in the aforesaid terms.
[N. J. JAMADAR, J.] 4/4