Bombay High Court
Bal Asha Trust And Anr. - Co-Petitioner vs Vikrant Kisan Katare - Pro.Adoptive And ... on 23 June, 2022
Author: B. P. Colabawalla
Bench: B. P. Colabawalla
2.iap.21.2022...doc
GANESH
SUBHASH
LOKHANDE
Digitally signed by
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
GANESH SUBHASH
ORDINARY ORIGINAL CIVIL JURISDICTION
LOKHANDE
Date: 2022.06.24
17:59:07 +0530
AND
IN ITS GENERAL AND INHERENT JURISDICTION
INDIAN ADOPTION PETITION NO. 21 OF 2022
WITH
JUDGE'S ORDER NO. 46 OF 2022
IN
INDIAN ADOPTION PETITION NO. 21 OF 2022
In the matter of Adoption of
female minor Sakshi Parvati
Gaikwad @ Sakshi Vikrant
katare - aged about 16 years 4
months under section 58 (3)
Juvenile Justice Act, 2015.
1. Bal Asha Trust .. Petitioner
2. St. Joseph's Home Society .. Co-Petitioner
AND
Mr. Vikrant Kisan katare &
Mrs. Namita Chandrakant Pradhan .. Prospective Adoptive
Parents
Mr. Rakesh Kapoor, for the Petitioner.
Mr. O. Hareendran, Scrutiny Officer, ICSW is present.
Mr. Arun Kesarkar, Chamber Registrar is present.
CORAM:- B. P. COLABAWALLA,J.
DATE :- JUNE 23, 2022.
Utkarsh page 1 of 8
2.iap.21.2022...doc
P. C.:
1. This Indian Adoption Petition is filed seeking the adoption of a female minor Sakshi Parvati Gaikwad, born on 28th February, 2006 by Indian Nationals. This Adoption Petition is filed by the Petitioner and the Co-petitioner through SAA-CCI linkage procedure under regulation 12(3) of Adoption Regulations 2017.
2. The said female minor was found abandoned by the Byculla Police Station on 5th April, 2006 and admitted to Asha Sadan, Mumbai on the same day for care and protection. On 10 th June, 2011 the child was transferred to the Co-petitioner Institution St. Joseph Home Society, as per the order of the Child Welfare Committee, Mumbai dated 23rd June, 2011 under Section 39 of the Juvenile Justice Act, 2000. The Admission Order of the CWC is on record at page No. 29. The representation of the Indian Counsel of Social Welfare (ICSW) is also tendered before me today and taken on record and marked 'X' for identification.
3. After making due inquiry under Section 38 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016), the Child Welfare Committee, Mumbai City II declared the minor Sakshi Parvati Gaikwad "Legally Free for Adoption" on 25/08/2020. The Free Utkarsh page 2 of 8
2.iap.21.2022...doc for adoption Certificate is on record at page Nos. 26 to 28.
4. The Prospective Adoptive Parents are residing at Colaba, Mumbai, both aged about 47 years. They have been married for the past 10 years (18/12/2011) with no biological children.
5. The Motivation letter from the Prospective Adoptive Parents is on record at page No. 40.
6. The Affidavit by the Chief Functionary of the Specialized Adoption Agency (Petitioner) is on record at page Nos. 141 to 146.
7. The Decision of the Adoption Committee dated 24/01/2022 is on record at page Nos. 19 to 22 and it states that the prospective adoptive parents are considered suitable to adopt the child Sakshi Parvati Gaikwad born on 28/02/2006.
8. The Health report dated 10/01/2022 of the prospective adoptive parents is on record and it states, "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 Negative. These reports can be found at pages 34 to 39.
Utkarsh page 3 of 8
2.iap.21.2022...doc
9. The Prospective Adoptive Father is working as a Sr. Manager in the Business Development Cell on contract basis with the Mumbai Port Trust and his income for the Assessment Year 2021-22 is Rs. 4,19,310/-. The Chartered Accountant Certificate, Contract Agreement and Income Tax returns are on record at page Nos. 50 to 69.
10. The Prospective Adoptive Mother is self employed (Advocate) and her income for the Assessment Year 2021-22 is Rs. 68,000/-. The Chartered Accountant Certificate and Income Tax returns are on record at page Nos. 70 to 84.
11. The Proof of residence, Aadhar and Pan Card copies and supportive financial documents are on record at page Nos. 41 to 45 & 85 to 95.
12. The childcare arrangement plan declaration of the prospective adoptive mother is on record at page No. 97.
13. The home study report Part I: Self Assessment by the Prospective Adoptive Parents is on record at page Nos. 98 to 108.
14. The Part II: Assessment reports dated 15/10/2020 & 19/01/2022 by the Social Worker of Family Service Centre, Colaba, Utkarsh page 4 of 8
2.iap.21.2022...doc Mumbai is on record and the report has found that the prospective adoptive parents are ready and prepared to adopt an older child of 16 years. The said report can be found at page Nos. 109 to 115.
15. The child security undertaking dated 05/03/2022 by the Prospective Adoptive mother's brother and sister-in-law residing at Thane to took after the proposed minor in case of any mishap to the Prospective Adoptive Parents is on record at page Nos. 127 & 128. 16 The Medical Examination Report dated 31/05/2021 of the child is on record at page Nos. 131 to 137 and it states "Overall observation of the child: Sakshi is active, social and friendly child. She adjusts easily to a new situation and people. She is good in drawing, sports and dancing. She is studying in Std. IX. She gets prizes for extracurricular activities. She is a balanced child". The proposed adopters have countersigned the said report.
17. The HIV report of the minor dated 11/05/2021 certifies the case as Negative. The said report is at page No. 139. The Post Card Size Photograph of the minor is on record at page No. 140.
18. As regards the change of name, the prospective adoptive parents desire that the minor 'Sakshi Parvati Gaikwad' be renamed as "Sakshi Vikrant Katare". It is accordingly so ordered.
Utkarsh page 5 of 8
2.iap.21.2022...doc
19. The Declaration of consent and willingness by the prospective adoptive parents is on record and it states that they are willing to be appointed and declared as parents of the female minor Sakshi Parvati Gaikwad. This declaration is at page nos. 46 & 47.
20. The Pre-adoption foster care undertaking dated 21/03/2022 is on record at page Nos. 48 to 50.
21. The undertaking dated 06/04/2022 from the another Specialized Adoption Agency "Family Service Centre", Colaba, Mumbai for furnishing post adoption follow-up reports is on record at page No.
148.
22. The Petitioner institution's recognition from the Women & Child Development, Maharashtra State to place children in adoption is valid for a period up to 05/05/2025.
23. The learned advocate appearing on behalf of the Petitioner has stated before me that he has instructions from the Prospective Adoptive Parents to make a statement that they shall create a fixed deposit in the sum of Rs. 2,00,000/- (Rupees Two Lakhs Only) in a Nationalized Bank in the name of the minor till she attains the majority. The said statement is accepted as an undertaking given to this Court.
Utkarsh page 6 of 8
2.iap.21.2022...doc
24. After looking at all the aforesaid documents that has been placed before me and after perusing material placed on record, in my opinion it would be in the interest of the child if she is adopted by the proposed adopters. I therefore do not find any impediment in granting the reliefs sought for in the above Petition.
25. In view of the following discussion, the Petition is allowed in terms of prayer Clauses (a) to (d), which read thus:
(a) That the Prospective Adoptive Parents be given the said child in Adoption and be declared as parents having all parental legal rights, Privileges and responsibilities over the said minor Sakshi Vikrant Katare.
(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 Sakshi Vikrant Katare born on 28/02/2006 and stating thereon that the Prospective Adoptive Parents are the Parents of the said minor.
(d) That the Prospective Adoptive Parents be allowed to Change the name of the minor from Sakshi Parvati Gaikwad to "Sakshi Vikrant Katare" born on 28th February, 2006.
26. The Judge's Order is also separately signed.
Utkarsh page 7 of 8
2.iap.21.2022...doc
27. It is directed that the 1 st Petitioner Institution shall obtain a further undertaking from the Adoptive Parents that they shall not give the minor child for further adoption without the prior leave of this Court. Once this undertaking is obtained, the same shall be filed on the record of this Court.
28. The Adoption Petition is accordingly disposed of. No order as to costs.
29. This order will be digitally signed by the Private Secretary/Personal Assistant of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order.
( B. P. COLABAWALLA, J. )
Utkarsh page 8 of 8