Bombay High Court
Rajeswari Madabushi vs Firoz Khan And 2 Ors on 3 April, 2024
Author: R.I. Chagla
Bench: R.I. Chagla
1-fap-184-2018.doc
Sharada
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
AND
IN ITS GENERAL AND INHERENT JURISDICTION
FOREIGN ADOPTION PETITION (L) NO. 184 OF 2018
WITH
JUDGE'S ORDER NO. 180 OF 2019
IN
FOREIGN ADOPTION PETITION (L) NO. 184 OF 2018
WITH
INTERIM APPLICATION (L) NO.18330 OF 2023
IN
FOREIGN ADOPTION PETITION (L) NO. 184 OF 2018
Rajeshwari Madabushi wife of late
Ranga Madabushi
...Petitioner
And
Firoz Khan and Ors. ...Prospective
Adoptive Parents
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Ms. Sapna Krishnapp, Advocate for the Petitioner.
Ms. Shehnaz V. Bharucha for Respondent No.4 & 5.
Mr. O. Hareendran, Scrutiny Officer, ICSW present.
Ms. Dipal Mehta- Amicus Curiae present.
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1-fap-184-2018.doc
CORAM : R.I. CHAGLA, J.
(IN CHAMBER)
DATE : 3 APRIL 2024
ORDER :
1. Ms. Sapana Krishnapp the learned Advocate appearing for the Petitioner has tendered additional affidavit in support of the petition dated 22 March 2024. Upon a perusal of the said affidavit, there is only mention of there being no criminal cases pending against the Petitioner under the Juvenile Justice Act and the Indian Penal Code or any other act in force.
2. By the said order dated 28 February 2024 this Court had recorded the submissions of the counsel for the Petitioner including that the Petitioner had taken all requisite steps subsequent to the passing of the impugned order CARA dated 4 November 2020 by which NOC was not granted for adoption by the Petitioner of the said minor child Jahnavi. Further submission was made that complaints made against the petitioner no longer remain on file.
3. It was expected of the Petitioner to mention in the said affidavit which is now tendered and taken on record, the steps which have been taken by the Petitioner subsequent to the passing of the 2/4 ::: Uploaded on - 15/04/2024 ::: Downloaded on - 17/04/2024 03:13:21 ::: 1-fap-184-2018.doc impugned order of CARA dated 4 November 2020.
4. The learned Counsel appearing for the Respondent Nos.4 and 5 / CARA has tendered an additional affidavit dated 1 April 2024 which is taken on record. The additional affidavit of CARA mentions that CARA has to follow the procedure as laid down in schedule XVI (foster care of adoption) of Adoption Regulations 2022. It is further stated that since the child is already with the petitioner for quite some time, the procedure mentioned in paragraph 5 (A) to (D) is required to be followed and then only CARA can consider the case of the Petitioner as a special case and not to be treated as precedent. Paragraph 5 (A) to (D) is reproduced as under:-
A. Obtaining Child Welfare Committee (CWC) certificate declaring LFA B. Obtaining Social Investigation Report (SIR) by DCPU concerned.
C. Pre-Approval by CARA
D. Adoption Order
5. Ms. Dipal Mehta learned Amicus Curiae appointed by this Court has mentioned that it is mandatory for the Petitioner to comply with the procedure of CARA including obtaining the CWC Certificate.
This procedure has not been complied with by the Petitioner. 3/4 ::: Uploaded on - 15/04/2024 ::: Downloaded on - 17/04/2024 03:13:21 :::
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6. In view thereof, the Petitioner shall file further affidavit in support of the Petition mentioning the requisite steps which have been taken by the Petitioner subsequent to the passing of the impugned order of CARA dated 4 November 2020 by which NOC was not granted for adoption of the Petitioner of the said minor child Jahnavi.
7. Further affidavit shall be filed by the Petitioner on or before 12 June 2024. It is made clear that the Petitioner by the said date shall comply with the procedure which has been mentioned by CARA in the said affidavit and which has been reproduced above.
8. The matter shall be placed on 19 th June 2024 in chamber at 2:30 p.m. [R.I. CHAGLA, J.] 4/4 ::: Uploaded on - 15/04/2024 ::: Downloaded on - 17/04/2024 03:13:21 :::