Bombay High Court
Swti, Bal Vikas vs Ullas S. S/O Surenderan T. And Minimol N. ... on 10 January, 2020
Author: G.S.Kulkarni
Bench: G.S.Kulkarni
IAP78_2019.doc
Vidya Amin
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
AND
IN ITS GENERAL AND INHERENT JURISDICTION
INDIAN ADOPTION PETITION NO. 78 OF 2019
WITH
JUDGE'S ORDER NO. 237 OF 2019
IN
INDIAN ADOPTION PETITION NO. 78 OF 2019
SWTI, Bal Vikas Shishu Bhavan ... Petitioner
And
Ullhas S, s/o. Surendran T
Minimol N w/o Ullas S ... Proposed Adopters
Smt. Lalita Jaya Raj for the petitioner.
Mr. O. Hareendran, Scrutiny Officer present.
Mr. Ullas S. and Mrs. Minimol N, proposed adopters present.
CORAM : G.S.KULKARNI, J.
DATE : 10 January 2020 P.C.:
This Indian Adoption Petition is filed under sections 56, 58 and 61 of the Juvenile Justice (Care & Protection of Children) Act, 2015 (for short "J.J. Act") by SWTI, Bal Vikas Shishu Bhavan, Malad (East), Mumbai, a specialized adoption agency whose recognition is valid upto 31 March 2020 along with Mr. Ullas S son of Surendran T and his wife Mrs. Minimol N, aged 47 and 41 years respectively, presently residing at Sivasailam, Nangiarkulangara P.O. Haripad, Alappuzha, Kerala, being the proposed adopters praying for adoption of minor male child "Om" born on 11 May 2019.
2. I have heard Mrs. Lalita Jaya Raj, learned counsel for the petitioner.
3. On 15 May 2019 minor Om was admitted to the petitioner-institution. On 16 1/6 ::: Uploaded on - 10/01/2020 ::: Downloaded on - 11/01/2020 04:44:47 ::: IAP78_2019.doc May 2019, the minor was produced before the Child Welfare Committee-II, Mumbai Suburban District. On the same day, the custody of the minor child was given to the petitioner-institution. A safe custody order of the Child Welfare Committee dated 16 May 2019 came to be passed under section 36 of the Juvenile J.J. Act. and Rule 18 of the Model Juvenile Justice Rules, 2016. The Child Welfare Committee had undertaken an enquiry as per provisions of Section 38 of J.J. Act and in pursuance thereto, minor OM was declared legally free for adoption. A certificate to that effect issued by the Child Welfare Committee is placed on record.
4. There is a motivation letter dated 13 November 2019 of the adoptive parents recording that they always intended to be parents, however, were unable to have biological child. The motivation letter has set out the entire course of action which has ultimately lead the adoptive parents to take a decision to adopt the child.
5. The adoptive parents are residents of District Alappuzha, Kerala. They have been married for the past 21 years (date of marriage is 17 August 1998) with no biological children.
6. There is a decision of the Adoption Committee dated 29 November 2019 which recommends the adoption of minor "Om" by the adoptive parents. The affidavit of the Specialized Adoption Agency in support of adoption of the proposed minor is placed on record.
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7. In so far as the adoptive father is concerned, he is self-employed. There is income certificate issued by Chartered Accountant Sajjan and Associates dated 27 November 2019 certifying that the adoptive father's yearly income is Rs.3,,07,700/- for the Assessment Year 2019-20. The income-tax certificate is issued by Government of Kerala. The income-tax return for Assessment year 2019-20 is placed on record. There is also a house-tax receipt issued by Government of Kerala which is also placed on record. The adoptive father holds a saving bank account in State Bank of India, the certificate issued by the bank dated 12 November 2019 is at Page 32 of the Petition. The adoptive mother is home-maker. Copies of Pancard, Aadhar card, declaration of Income, property, assets, proof of property are also placed on record.
8. There is a home study report Part I : Self-assessment 1 August 2015 an 7 August 2019 by the adoptive parents. The home study report Part II Assessment report of the social worker Ms. Lidiya Treesa P A of Valsalyam (Sisubhavan), Kalamassery which is on the basis of home visit and interaction with family members and records that the adoptive parents are eligible and suitable for adoption. This assessment report has taken into consideration all necessary aspects interalia in regard to psycho-social assessment, interaction with the adoptive parents, home visit findings, interaction with the family members, financial capacity, physical and emotional capacity etc. I am quite satisfied after having perused the findings as recorded in the report.
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9. A child security undertaking dated 25 November 2019 by the sister of the adoptive mother, who is also resident of Alappuzha, Kerala to look after the minor in case of any unfortunate mishap to the adoptive parents.
10. The medical reports of the adoptive parents dated 11 November 2019 are on record, which certifies that they are physically and mentally fit for child adoption. Their HIV and HBsAg test reports are also in negative.
11. As regards the medical examination of minor Om is concerned, a report dated 2 August 2019 is placed on record, which records the overall observation of the child to be a healthy infant. The adoptive parents have examined the medical report and have counter signed the said report. The HIV report of the minor dated 13 July 2019 certifies the case as "Negative".
12. There is also an affidavit of the petitioner-specialized adoption agency in support of adoption and the averments as made in the petition.
13. The photographs of the adoptive parents and also the photograph of minor Om to be taken in adoption are placed on record.
14. There is a joint consent and willingness of the adoptive parents recording that they are willing to be appointed or declared adoptive parents of male minor Om.
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15. There is a pre-adoption foster care affidavit dated 12 November 2019 on record, in pursuance of which the minor is in foster care of the adoptive parents with effect from 7 December 2019.
16. The adoptive parents intend to change the name of minor "Om" to be renamed as "Om Ethihas U.".
17. An undertaking dated 26 November 2019 of Vatsalyam (Shushibhavan), Kalamassery, Kerala for furnishing post adoption follow up reports is placed on record.
18. I have also gone through the report of Mr. O. Hareendran, Scrutiny Officer, Indian Council of Social Welfare Central Office, Bombay, marked as "X" which also do not indicate any adverse material and would recommend adoption of minor child.
19. At today's hearing, the adoptive parents along with the child to be taken in adoption were present. I had a meaningful interaction with the adoptive parents. On this interaction and after considering the documents on record and having seen the child with the adoptive parents, in my opinion, it would be in the paramount interest of the minor that he be granted in adoption to the adoptive parents.
20. The petition is accordingly allowed in terms of prayer clauses (a) and (b) which read thus:-
"(a) This Hon'ble Court may be pleased to appoint the adopters as adoptive parents of the person of a male minor OM @Om Ethihas U 5/6 ::: Uploaded on - 10/01/2020 ::: Downloaded on - 11/01/2020 04:44:47 ::: IAP78_2019.doc now in the care and custody of the petitioner SWTI Bal Vikasm, Shishu Bhavan, Malad (E), Mumbai - 400 097.
(b) That the petitioner/adopters be granted leave to apply to the Municipal authorities to issue within five working days of application a Birth Certificate of the minor OM @ Om Ethihas U showing the first adopter Ullas S son of Surendran T as the adoptive father and his wife the second adopters Mnimol N as the adoptive mother respectively.
21. The adoptive parents have agreed to open a Single Premium LIC Policy in the name of minor Om for an amount of Rs.1,00,000/- (One Lakh only), having its maturity on the minor attaining the age of majority. The LIC policy be taken out within four months from today. Copy of the LIC Policy be placed on record.
22. Judge's Order is separately signed and be read accordingly alongwith this order.
23. The adoptive parents are directed not to give minor in further adoption to any other person without the leave of the Court.
24. Petition is disposed of in the above terms. No costs.
25. Office to issue certified copy of this order alongwith the Judge's order within two weeks from today.
26. Parties to act on the copy of the order duly authenticated by the Associate of this Court.
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