Bombay High Court
Bal Asha Trust vs Sameer Anant Sahasrabudhe And Anr And ... on 25 June, 2021
Author: Dama Seshadri Naidu
Bench: Dama Seshadri Naidu
1. IAP 45 of 2021
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
AND
IN ITS GENERAL AND INHERENT JURISDICTION
INDIAN ADOPTION PETITION NO. 45 OF 2021
WITH
JUDGE'S ORDER NO. 90 OF 2021
Bal Asha Trust ...Petitioner
Versus
Sameer Anant Sahasrabudhe & Anr. & Ira ...Proposed
Sameer Sahasrabudhe Adoptive parents
.....
Mr. Rakesh Kapoor - Advocate for the Petitioner.
Mr. O. Hareendran, Scrutiny Officer, Indian Council of
Social Welfare, present.
Mr. D. R. Talekar - Chamber Registrar, present.
.....
CORAM : DAMA SESHADRI NAIDU, J.
DATE : 25th JUNE 2021.
P.C. :
Heard Shri Rakesh Kapoor, the learned counsel for the Petitioner, and Shri O. Hareendran, the Scrutiny Officer, Indian Council of Social Welfare (ICWS), in the Court through a VC link.
2. The petition proposes adoption of a girl, Roshni, born on 16 November 2019. The child was surrendered by the biological parent before the Child Welfare Committee, Seema ::: Uploaded on - 25/06/2021 ::: Downloaded on - 26/06/2021 05:41:33 :::
1. IAP 45 of 2021 Mumbai City II, on 20 December 2019. And on the same day, the girl was handed over to the Petitioner institution, Bal Asha Trust, Mumbai. Later, 24 February 2020, the Child Welfare Committee inquired and passed the 'legally free for adoption' order under Section 38 of Juvenile Justice (Care and Protection of Children) Act, 2015. The order is placed on record.
3. The proposed adoptive parents are Indian nationals residing at Pune. They both are aged about 42 years, having been married for the past 17 years with no biological child. The proposed adopters' motivation letter has been placed on record. In that letter, they state that they both have always dreamt of being parents, but they remained childless. With the knowledge that adoption is a great option of becoming parents, they have decided to adopt a child. The Adoption Committee, in its meeting held online on 27 January 2021, granted principal approval for adoption, subject to the proposed adopters' furnishing the required documents. That Committee's order, too, has been placed on record.
4. The prospective adoptive father is working as an Associate Director with Hindustan Thomson Associates Pvt. Ltd., Mumbai, since 2004, with a monthly gross salary of Rs. 1,19,377/-; the prospective adoptive mother is a homemaker. Financial documents, such as salary slips, Seema ::: Uploaded on - 25/06/2021 ::: Downloaded on - 26/06/2021 05:41:33 :::
1. IAP 45 of 2021 copies of PAN card, AADHAR card, provident fund statement of the adoptive father have been placed on record together with proof of residence and other supportive documents.
5. Medical reports of the adoptive parents showing that they are in good health for adopting the child, along with their negative HIV and other test reports, have also been placed on record.
6. A home study report of Part-I, Self Assessment and assessment report in Part-II by the Social Worker of Bharatiya Samaj Seva Kendra, Pune, have also been placed on record. The authorities considered and found the proposed adoptive parents suitable for adopting a child.
7. Child security undertaking, furnished by the prospective adoptive father's sister and brother-in-law, residing at Pune, has been placed on record. They offer to look after the minor child if any mishap befalls the prospective adoptive parents.
8. The minor's medical examination report, indicating the child to be a normal and healthy one and countersigned by the prospective parents, has been placed on record. It is filed together with the prospective adoptive parents' declaration of consent and willingness. Health certificates, Seema ::: Uploaded on - 25/06/2021 ::: Downloaded on - 26/06/2021 05:41:33 :::
1. IAP 45 of 2021 such as negative HIV report, of the minor have been placed on record.
9. Considering the material placed on record, some of which has been referred to above, and compliances noted as above, this Court is of the view that the adoption petition deserves to be allowed. In this regard, the report of the Scrutiny Officer, dated 07.06.2021, is taken on record and marked-'X' for identification.
10. The petition is, accordingly, allowed in terms of prayer clauses (a) to (d):
"(a)That the Prospective Adoptive Parents be given the said child in Adoption be declared as parents and have all parental legal rights, Privileges and responsibilities over the said minor Ira Sameer Sahasrabudhe.
(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 Ira Sameer Sahasrabudhe, born on 16.11.2019 and stating that thereon that the Prospective Seema ::: Uploaded on - 25/06/2021 ::: Downloaded on - 26/06/2021 05:41:33 :::
1. IAP 45 of 2021 Adoptive Parents as the Parents of the said minor.
(d) That the Prospective Adoptive Parents be allowed to change the name of the minor from ROSHNI to "Ira Sameer Sahasrabudhe"
born on 16.11.2019."
11. In tune with this Court's practice note for Indian adoptions, the prospective adoptive parents have offered to invest in the child's name Rs. 1 lakh and submit a report of such investment.
12. A separate Judge's Order for appointing the prospective adopters as adoptive parents of minor Roshni is signed by this Court today.
[DAMA SESHADRI NAIDU, J.] Seema ::: Uploaded on - 25/06/2021 ::: Downloaded on - 26/06/2021 05:41:33 :::