Bombay High Court
Narsabai Mahila Mandal\'S Shishugruh vs Subramaniam Krishnamurthy Iyer And ... on 18 December, 2019
Author: G.S. Kulkarni
Bench: G.S. Kulkarni
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
and
In Its General and Inherent Jurisdiction
FOREIGN ADOPTION NO. 48 OF 2019
with
Judge's Order no.234 of 2019
1.Smt.Narsabai Mahila Mandal's Shishugruh ....Petitioner
AND
1.Subramaniam Krishnamurthi Iyer
2.Vishakha Vishwas Mulay ....Proposed Adopters
-----
Mr. Rakesh K.L.Kapoor, Advocate for the Petitioner.
Mr. O. Hareendran, Scrutiny Officer ICSW present.
-----
CORAM : G.S. KULKARNI, J.
DATE : 18th DECEMBER, 2019
P. C.
This is a foreign adoption petition wherein Smt.Narsabai Mahila
Mandal's Shishugruh, Wadgaon, Geeta Nagar, Anand Nagar, Nanded,
Maharashtra, the petitioner which is a recognized agency for adoption
having been so recognized by State Government as well as Central
Adoption Resource Authority (CARA), New Delhi, are before the Court
alongwith the co-petitioners Mr.Subramaniam Krishnamurthi Iyer and
Mrs.Vishakha Vishwas Mulay, who are residents of People's Republic of
China, having their address Flat no.4206, 42 nd floor, Building No.A5,
Block No.277, Linhe East Road, Linhe Yuan, Guangzhou, People's
Republic of China, praying that female minor Prasanna @ Ananya
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Subramaniam Iyer born on 16 July 2018 be granted in adoption to
the proposed adopters.
2. Minor Prasanna by an order dated 14 August 2018 passed by
the Child Welfare Committee, Nanded was admitted to the petitioner
institution. Thereafter, on 6 May 2019 the biological mother
relinquished her child before the Child Welfare Committee for
permanent rehabilitation.
3. After making due inquiry under Section 38 of the Juvenile
Justice (Care and Protection of Children) Act,2015, by an order dated
11 July 2019 passed by the Child Welfare Committee, minor Prasanna
was declared legally free for adoption. A certificate dated 11 July
2019 to that effect is placed on record at page 14 and 15 of the
application. There is also a no objection certificate dated 30 August
2019 issued by Central Adoption Resource Authority (CARA), New
Delhi, permitting adoption as per the Adoption Regulations 2017.
4. In regard to the proposed adopters, they are Indian nationals,
however, they are presently residents of People's Republic of China.
They were married on 21 January 2010 and have no biological
children. The photograph of the proposed adopters alongwith the
health report of the proposed adopters dated 18 August 2019 are
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placed on record. The health report declares them to be healthy and
normal. Their HIV test results are also negative.
5. As regards the adoptive father, he is working as a Sales Account
Manager with Guangzhou Bergner Trading Co.Ltd., Guangzhou,
China, since 28 July 2014 and his monthly salary is of RMB 10,000/-
which is equivalent to Rs.1,01,400/- in Indian rupees. The prospective
adoptive mother is also working as a Functional Expert, System
Development with OSRAM Asia Pacific Management Company, China
since 20 June 2016 and her monthly salary is RMB 16,995 which is
equivalent to Rs.1,72,329/-. The documents in regard to the proof of
residence, bank deposit certificate and LIC certificate are placed on
record. There is also a child care plan declaration by adoptive mother
dated 24 September 2019 where she assured that she will take utmost
care of the child.
6. There is a home study report Part I-Self assessment by the
adoptive parents. There is also a home study report Part II-
Assessment report of the Counsul of Consulate General of India,
Guangzhou, China, on the basis of the home visit dated 21 April 2017
recording that the prospective adoptive parents are physically,
mentally in sound position. They are also financially sound. It is also
recorded that they are at the right age of adoption and their decision
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to take the minor child in adoption is supported by their parents and
other members of the family. On an overall assessment, the assessor
recommended them to adopt child Prasanna. A police clearance
certificate dated 29 June 2017 of the proposed adopters, from
Consulate General of India, Guangzhou, China, is also on record.
There is child security undertaking dated 5 October 2019 of the
adoptive mother's brother to look after the minor in case of any
unforeseen mishap to the prospective adoptive parents. The HIV I & II
test report dated 6 February 2019 of the minor is also on record and it
is in the negative. The postcard size photograph of the minor is also
placed on record.
7. So far as the medical examination report of the minor, the
same is contained in the report dated 5 July 2019 certifying the child
to be normal and active child. The proposed adopters have also
countersigned the report. The Child Acceptance and Family approval
Letter, Consent, Willingness and Undertaking by the proposed
adopters is on record recording that they are willing to adopt minor
Prasanna as also they shall allow personal visits of the representative
of CARA or the concerned Government Department as required under
Indian Government laws. There is an undertaking dated 13 August
2019 by Consulate General of India, Guangzhou, China to provide
follow-up reports of the child and make alternative arrangement in
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case of disruption of the adoptive family and nominated Mr.Namdev
Devji Rathod, Social Worker of Smt.Narsabai Mahila Mandal,
Wadgaon, to execute and perform the legal proceedings in India. The
adoptive parents desire to change the name of the minor from
Prasanna to Ananya Subramaniam Iyer.
8. There is a representation of Mr. O. Hareenran, Scrutiny Officer
of the Indian Counsel of Social Welfare, Central Office, Mumbai,
(marked 'X-1' for identification), who also setting out all the details in
regard to the proposed adopters, does not indicate anything adverse,
for this court, not to permit the adoption in question.
9. Having heard the learned Counsel for the petitioner and having
perused the record to which reference has been made above, as also
having perused the report of Mr. O. Hareendran, Scrutiny Officer from
the Institute of Child and Social Welfare dated 14 th December 2019, in
my opinion considering the paramount interest and welfare of the
minor female child Prasanna and the intention, desire and the spirit of
the adoptive parents, to have in adoption a minor child like Prasanna
from India, the petition is required to be allowed. It would be required
to be allowed accepting the undertakings as made by the adoptive
parents as placed on record as also the undertakings which are
furnished by the Consulate General of India, Guangzhou, China. The
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agency shall for a period of three years send half yearly reports in
regard child 'Prasanna' to CARA.
10. In the circumstances, I do not find any impediment in granting
the reliefs as prayed for. Hence, the following order:-
ORDER
1. The Foreign Adoption Petition is allowed in terms of prayer clauses(a),(b), (c), (d) and (e) which reads thus:-
(a) For the Adoption of the Proposed female minor Ananya Subramaniam Iyer, born on 16th July 2018 by the proposed Adopters under Section 59(7) of the Juvenile Justice Act, 2015.
(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 Ananya Subramaniam Iyer now in the care and custody of Smt.Narsabai Mahila Mandal's Shishugruh, Wadgaon, Geeta Nagar, Anand Nagar, Nanded, Maharashtra State.
(c) That the proposed adopters be allowed to change the name of the minor Prasanna to "ANANYA Subramaniam Iyer".
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(d) Leave/Permission be granted to apply the concern Municipal Authorities to issue Birth Certificate of the said minor ANANYA Subramaniam Iyer.
(e) That the proposed Adopters may be granted leave to remove the said minor ANANYA Subramaniam Iyer from the jurisdiction of this Hon'ble Court and to take the said minor to CHINA or wherever they may reside in future.
2. The Judge's order is separately signed.
3. The adoptive parents shall also through Consulate General of India, Guangzhou, China forward to the petitioner the half yearly progress and development reports of the minor for a period of three years from today, to be placed for consideration of the Central Adoption Resource Authority (CARA), New Delhi.
4. The foreign adoption petition is disposed of in the above terms.
5. Parties be furnished authenticated copy of this order.
[G.S. KULKARNI, J.] ::: Uploaded on - 20/12/2019 ::: Downloaded on - 20/12/2019 21:19:05 :::