Delhi District Court
Sos Children'S Villages Of India vs Parshant Dutta & Anr Page 1 Of 18 on 21 December, 2017
IN THE COURT OF MS. ASHA MENON : DISTRICT &
SESSIONS JUDGE (SOUTH DISTRICT) : SAKET:
NEW DELHI
In the matter of :
CISGP052017
CNRDLST010084002017
SOS Children's Villages of India,
Upvan,
B5/21, Safdarjung Enclave
New Delhi110019
Though its social worker Ms. Nelofer .... Petitioner
V E R S U S
1 Mr. Parshant Dutta,
Son of Sh. Dinesh Kumar
2 Mrs. Sona Dutta
Wife of Mr. Parshant Dutta
Both Residing at:
R/o VILLA16, Street 8, Springs 12,
Emirates Hills, Dubai,
UAE
Through their attorney
Mr. Kirpa Shankar Dubey,
SOS Children's Villages of India,
A7, Nizamuddin West,
New Delhi110003 .... Respondents
Petition presented on : 30.10.2017
Arguments concluded on : 06.12.2017
Judgment on : 21.12.2017
JUDGMENT
1. This judgment shall dispose of a petition seeking that the two minor children 'Sanju' now named as 'Sarth Dutta' born on CISGP052017 SOS Children's Villages of India Vs. Parshant Dutta & Anr Page 1 of 18 20.02.2012 and his sibling 'Pradeep' now named as 'Parth Dutta' born on 20.08.2013 be given in adoption to the respondents Mr. Parshant Dutta son of Mr. Sh. Dinesh Kumar and Mrs. Sona Dutta, wife of Mr. Parshant Dutta, both residents of VILLA16, Street 8, Springs 12, Emirates Hills, Dubai, UAE as their sons and that they be permitted to remove the minor children outside the jurisdiction of this Court for their upbringing to where the respondents reside, they being residents of Emirates Hills, Dubai, UAE.
2. The SOS Children's Villages of India, Upvan, B5/21, Safdarjung Enclave, New Delhi, the petitioner, is a registered society, registered as a Charitable Organization running its Orphanage Homes for abandoned/destitute/handicapped children and duly recognized as an agency for placing children in adoption by the Central Adoption Resource Authority (hereinafter referred as CARA), Ministry of Women and Child Development. The petition has been filed by Ms. Nelofer who has been duly authorized by the petitioner society to sign, verify and institute the petition under Section 59 (7) of Juvenile Justice (Care and Protection of Children) Act, 2015, hereinafter referred to as the JJ Act.
3. The petition has been moved by the SOS Children's Villages of India, Upvan for adoption of two male children 'Sanju' now named 'Sarth Dutta' & 'Pradeep' now named 'Parth Dutta' born on 20.02.2012 & 20.08.2013 who was placed with the SOS Children's Villages of India and whom the petitioner desires to give in adoption to Mr. Parshant Dutta and Mrs. Sona Dutta through their attorney Mr. Kirpa Shankar Dubey, Director, SOS Children's Villages of India, New Delhi.
4. It is submitted by the petitioner that a minor male child 'Sanju' now named as 'Sarth Dutta' was found by the police officials at the CISGP052017 SOS Children's Villages of India Vs. Parshant Dutta & Anr Page 2 of 18 New Delhi Railway Station with his brother 'Pradeep' who had produced the child before the Child Welfare Committee, Kalkaji, New Delhi. The Child Welfare Committee, Kalkaji, New Delhi had handed over the care and custody of both the children to the petitioner society. As the whereabouts of the natural parents of both the children 'Sanju' & 'Pradeep' were not known, the petitioner society filed an application before the Child Welfare Committee, New Delhi for declaring the children as abandoned children and free for adoption. The Child Welfare Committee, Lajpat Nagar, New Delhi vide orders dated 13.06.2017 declared both the minor children 'Sanju' & 'Pradeep' as legally free for adoption. On the basis of the medical examination, the date of birth of the children have been determined as 20.02.2012 of 'Sanju' & 20.08.2013 of 'Pradeep'.
5. The petitioner further stated that the respondent no.1 Mr. Parshant Dutta was 40 years old. The respondent no.2 Mrs. Sona Dutta was 43 years old. They are of Indian origin and presently living at VILLA16, Street 8, Springs 12, Emirates Hills, Dubai, UAE. The respondents were married to each other on 18.02.2003. They were blessed with one biological daughter named 'Prisha' born on 25.02.2008 but unfortunately, in 2015 she met with an accident and died. It is stated that the respondent no.1 is employed in Information Technology as Vice President in Movenpick Hotels and Resorts and his annual salary is Rs.10,656,000+perks INR 1,150,000/. The respondent no.2 is MBA in Human Resources and a House wife.
It is further submitted that the respondents are medically fit and have neither suffered nor are suffering from any disease which would make them unfit to bring up the children. It is submitted that the prospective adoptive parents have been found eligible and suitable to CISGP052017 SOS Children's Villages of India Vs. Parshant Dutta & Anr Page 3 of 18 adopt by the Authorized Foreign Adoption Agency/ "OMANA MENON"
UAE, based upon their Home Study Report and as per the law of the country of their residence. The prospective adoptive parents have been registered in the Child Adoption Resource Informative and Guidance System by the Authorized Foreign Adoption Agency namely 'OMANA MENON' by the Authorized Foreign Adoption Agency/Central Authority. They have been found eligible by the Central Adoption Resource Agency (CARA) as per the criteria mentioned in Section 57 of Juvenile Justice Act and Regulation 5 of the Adoption Regulations.
6. It is also submitted that the above named children have been referred to the said prospective adoptive parents online in Child Adoption Resource Information and Guidance System through 'OMANA MENON' Dubai, UAE and have been accepted by the said prospective adoptive parents by signing the Child Study report and Medical Examination Report on 31.08.2017.
7. It is also submitted that the said Central Adoption Agency has issued 'No Objection Certificate' on 22.09.2017 in favour of the respondents for adopting both the children.
8. It has further been submitted by the petitioner that as per law, the respondents have undertaken to send to the petitioner a progress report and photographs of both the children every quarter for the first two years and half yearly for the next three years until adoption is complete and also undertake to bring up the children according to their status. It has also been submitted by the petitioner that it is in the interest and welfare of both the minor children if they are given in adoption to the respondents and that no person has been appointed as guardian of the children, neither has anyone else been granted permission to adopt the CISGP052017 SOS Children's Villages of India Vs. Parshant Dutta & Anr Page 4 of 18 children and the respondents have no interest adverse to that of both the minor children and that the petitioner is satisfied that the adoption of the children by the respondents would be in the interest and welfare of both the children who would have loving parents and a house to live in and a sense of belonging.
9. The petitioner has submitted that this Court has jurisdiction to pass Adoption Order as per the provisions of Sections 2(23), 59(7) and 61 of the Juvenile Justice (Care and Protection of Children) Act, 2015 as amended.
10. Earlier the process of adoption was governed by CARA guidelines issued in terms of the judgment of the Hon'ble Supreme Court of India in Lakshmi Kant Pandey Vs. Union of India reported in AIR 1984 SC 469. Central Adoption Resource Authority came into existence on the basis of these directions of the Hon'ble Supreme Court of India. However, CARA is now a statutory body, setup vide the provisions of Section 68 of JJ Act.
11. The adoptions were fundamentally governed by the Hindu Adoption and Maintenance Act 1956, Guardian and Wards Act 1890 and guidelines of the Hon'ble Supreme Court as laid down in Lakshmi Kant Pandey Vs. Union of India (supra) where the children were to be adopted by nonIndians, and the CARA guidelines. However, now, adoption is governed by the Chapter 8 i.e. specifically Sections 56 to 73 of the JJ Act. Thus, this adoption would have to be scrutinized for satisfaction of all the requirements of this chapter. The JJ Act recognizes that adoption is to be resorted to for ensuring the right to a family for the orphan, abandoned and surrendered child. Such adoption can be made CISGP052017 SOS Children's Villages of India Vs. Parshant Dutta & Anr Page 5 of 18 irrespective of their religion or marital status, by the persons interested in adopting the child. However, nothing in the Act is to apply to the adoption of children made under the provisions of Hindu Adoption and Maintenance Act 1956.
12. Under Section 57 of the Act, the Prospective Adoptive Parents are to be physically fit, financially sound, mentally alert and highly motivated to adopt a child for providing a good upbringing to the child. Both the spouses, in case of a couple, have to consent for the adoption, provided that they fulfill the criteria under the Adoption Regulations. A single or divorced person can also adopt a child.
13. This is a case in which the Prospective Adoptive Parents (hereinafter referred as PAPs) are Non Resident Indians. Therefore, the procedure for adoption of the children will be governed by Section 59 of the JJ Act. As per the provisions of Section 59 of the JJ Act, if an orphan or abandoned or surrendered child could not be placed with an Indian or nonresident Indian PAP despite the joint effort of the Specialized Adoption Agency (SAA) and State Agency (SARA) within 60 days from the date the child has been declared legally free for adoption, such child shall be free for intercountry adoption. An eligible nonresident Indian or overseas citizen of India or persons of Indian origin shall be given priority in intercountry adoption of Indian children over foreigners.
14. Under Section 59(3) of the JJ Act, an NRI or overseas citizen of India, or person of Indian origin or a foreigner who are PAPs living abroad, irrespective of their religion, if interested to adopt an orphan or abandoned or surrendered child from India, may apply for the same to an authorized foreign adoption agency, or Central Authority or a concerned Government department in their country of habitual residence, CISGP052017 SOS Children's Villages of India Vs. Parshant Dutta & Anr Page 6 of 18 as the case may be, in the manner as provided in the adoption Regulations by the CARA. The authorized foreign adoption agency or Central Authority or a concerned Government department, as the case may be, shall prepare the Home Study report of such PAPs and upon finding them eligible, will sponsor their application to the CARA for adoption of a child from India in the manner as provided in the adoption Regulations by the CARA.
15. Under Sub Section 5 of Section 59 of the JJ Act, on receipt of the application of such PAPs, the CARA shall examine it and if it finds the applicants suitable, then, it will refer the application to one of the Specialized Adoption Agencies, where the children legally free for adoption are available and the SAA will match a child with such PAPs and send the Child Study Report and Medical Report of the children to such parents, who in turn may accept the children and return the Child Study and Medical report duly signed by them to the said SAA. On receipt of such acceptance of the child from the PAPs, the SAA shall file an application for obtaining the adoption order from the Court as per Sub Section 5 of Section 59 of the JJ Act. Chapter 4 of the Regulations provide for the adoption procedure for nonresident Indian or overseas citizen of India which is the same as for the foreign prospective adoptive parents.
16. On receipt of a certified copy of the Court order, the SAA shall send immediately the same to CARA, State Agency and to the PAPs to obtain the passports for the children. The CARA shall intimate about the adoption to the immigration authorities of India and the receiving country of the children.
17. Under Sub section 10 of Section 59 of the JJ Act, the PAPs CISGP052017 SOS Children's Villages of India Vs. Parshant Dutta & Anr Page 7 of 18 shall receive the children in person from the SAA as soon as the passport and visa are issued to the child.
18. The authorized foreign adoption agency or Central Authority or the concerned Government department, as the case may be, shall ensure the submission of the progress report about the children in the adoptive family and will be responsible for making alternative arrangement in case of any disruption, in consultation with CARA and the concerned Indian diplomatic mission, in accordance with the adoption Regulations.
19. Before the Court issues an adoption order under Section 61, the Court is to satisfy itself that :
(a) the adoption is for the welfare of the child;
(b) due consideration is given to the wishes of the child having regard to the age and understanding of the child;
(c) no consideration has been paid for the adoption.
20. Section 63 declares the effect of adoption. A child in respect of whom an adoption order is issued by the court, shall become the child of the adoptive parents and the adoptive parents shall become the parents of the child as if the child had been born to the adoptive parents for all purposes including intestacy with effect from the date on which the adoption order takes effect and on and from such date all the ties of the children in the family of her birth shall stand severed and replaced by those created by the adoption order in the adoptive family.
21. As regards the SAA, Section 65 provides that the State Government shall recognize institutions or organizations as SAA for rehabilitation of orphan, abandoned or surrendered children through CISGP052017 SOS Children's Villages of India Vs. Parshant Dutta & Anr Page 8 of 18 adoption and noninstitutional care. It is for the SAA to get an orphan, abandoned or surrendered child legally free for adoption from the concerned Child Welfare Committee, completing the Home Study Report of the PAPs and also moving the application for obtaining the adoption order from the Court within the stipulated time.
22. Under section 66, all the institutions registered under the JJ Act are also to report orphan, abandoned and surrendered children under their care and also produce and get them declared legally free for adoption by the Child Welfare Committee and to develop formal linkages with the SAA for these purposes.
23. Section 38 of the JJ Act provides that an orphan or abandoned child has to be produced before the Child Welfare Committee and the Child Welfare Committee is to make all the efforts for tracing the parents of the child and if on completion of such inquiry, it is established that there is no one to take care of the child, the Committee is to declare the child legally free for adoption. Such declaration has to be made within a period of two months from the date of production of the child, for children who are upto two years of age and within four months for children above that age.
24. The children who have been surrendered before the Child Welfare Committee or an institution are also to be declared legally free for adoption after the Committee considers the application under Section 35 moved by the parent or guardian or the institution stating the reasons being physical, emotional and social factors, for surrender of the children by such parent or guardian. The Committee is to counsel the parent or guardian and must give 'two months' time to the parent or guardian to reconsider their decision while keeping the child in the interregnum with CISGP052017 SOS Children's Villages of India Vs. Parshant Dutta & Anr Page 9 of 18 an SAA, if the child is below six years of age or a Children's home if the child is above 6 years. Once the Committee is satisfied, a surrender deed shall be executed by the parent or guardian before the Committee. After this the Committee may declare the child legally free for adoption. This decision has to be taken by atleast three members of the Committee.
25. Thus, it may be seen that for adoption under Section 59 of the JJ Act, the prerequisites are declaration of the Children to be legally free for intercountry adoption; the joint efforts of SAA and SARA to place the child in India with an Indian family within 60 days from the date the child has been declared legally free for adoption; on failure to obtain an Indian parent for the child within 60 days to look for PAPs who are NRI, overseas citizen of India, or person of Indian origin or in their absence a foreigner; PAPs who are interested to adopt an orphan or abandoned or surrendered child from India may apply for the same to an authorized Foreign adoption agency and therefore the declaration must be on record; the authorized foreign adoption agency or Central Authority is to prepare the Home Study report and upon finding the PAPs eligible, will have to sponsor the application and thus the Home Study report and the sponsorship application must be on record; CARA has to refer the application of PAPs received from the Foreign Adoption Agency, to the SAA, on receipt of such application from the PAPs through the authorized Foreign Adoption Agency SAA will match a child with the PAPs and send the Child Study report and the medical report of the child to the PAPs : all these must also be available on the record; the acceptance of the Child Study report and the Medical report by the PAP must also be on the record.
Once all of the documentation is done, only thereafter the CISGP052017 SOS Children's Villages of India Vs. Parshant Dutta & Anr Page 10 of 18 SAA, like the petitioner society in the present matter, can file an application for obtaining the adoption order.
26. The petitioner has examined Ms. Nelofer, its social worker as PW1. It has also examined Mr. Kripa Shankar Dubey, Director, SOS Children's Villages of India as RW1 on behalf of the respondents Mr. Parshant Dutta and Mrs. Sona Dutta.
27. Through her testimony, Ms. Nilofer as PW1 has brought on record her affidavit as Ex. PW1/A and has stated that she was working as social worker in the petitioner society i.e. SOS Children's Villages of India, at B5/21, Safdarjung Enclave, New Delhi. She has deposed that the minor male child named 'Sanju', now named 'Sarth Dutta' born on 20.02.2012, was found abandoned at New Delhi Railway Station with his brother namely 'Pradeep' now named 'Parth Dutta' born on 20.08.2012 by the police officials, who produced both the child before the Child Welfare Committee. The Child Welfare Committee, New Delhi handed over the custody of both the children to the petitioner society. The petitioner society filed an application before the Child Welfare Committee, New Delhi for declaring both the children as an abandoned children and free for adoption. She has placed on record the order declaring both the children legally free for adoption issued by the three members of the Child Welfare Committee, Lajpat Nagar, New Delhi dated 13.06.2017 as Ex. PW1/1 and Ex.PW1/2. PW1 Ms. Nelofer has also placed on record the No Objection Certificate issued by CARA as Ex. PW1/3. The recognition certificate of the petitioner's society is Ex.PW1/4. The Child Study Reports of both minor child 'Sanju' and 'Pradeep' prepared by the social worker of the petitioner alongwith medical certificate are Ex. PW1/5 & Ex.PW1/6 (Colly). PW1 Ms. Nelofer has also proved on CISGP052017 SOS Children's Villages of India Vs. Parshant Dutta & Anr Page 11 of 18 record the latest photograph of the child namely 'Sanju' now named 'Sarth Dutta' as Ex. PW1/7 and the latest photograph of the child namely 'Pradeep' now named 'Parth Dutta' as Ex. PW1/8. She has also stated that the petitioner has no objection, if the respondents no. 1&2 are allowed to adopt both the children.
28. Mr. Kripa Shankar Dubey, Director, SOS Children's Village of India, has brought on record his affidavit Ex.RW1/1 and has also placed on record the power of attorney executed by the respondent nos. 1 and 2 as Ex. RW1/1 and has deposed that he is working as Director in the petitioner Society and that he had been appointed by the respondents as their attorney to pursue this adoption. He has placed on record the Home Study Report as Ex. RW1/2 (colly). He has also placed on record the joint photograph of the respondents as Ex. RW1/3 (colly). He has also placed on record the passports of the proposed adoptive parents as Ex.RW1/4 and Ex.RW1/5 (colly). He has also placed on record the marriage certificate of the respondents as Ex.RW1/6. He has also placed on record the medical certificates of the respondents as Ex.RW1/7 & Ex.RW1/8 (colly). He has also placed on record infertility certificates of both the respondents as Ex.RW1/9 (colly). He has also placed on record the salary slip of the proposed adoptive father as Ex.RW1/10 (colly).
He has also placed on record the bank account statement of adoptive father as Ex.RW1/11. He has also placed on record reference letters as Ex.RW1/12 (colly). He has also placed on record police clearance certificates of proposed adoptive parents as Ex.RW1/13 & Ex.RW1/14 (colly). He has also placed on record resident proof of proposed adoptive parents as Ex.RW1/15 & Ex.RW1/16 (colly). He has also placed on record the copy of degree of B.com (pass) from Delhi CISGP052017 SOS Children's Villages of India Vs. Parshant Dutta & Anr Page 12 of 18 University of proposed adoptive father as Ex.RW1/17 (colly). He has also placed on record the Post Graduate Diploma Certificate in Business Management of proposed adoptive mother as Ex.RW1/18. He has also placed on record the certificate given by the sponsoring agency verifying all the documents as Ex.RW1/19. He has also placed on record a letter regarding change of names of both minor children as Ex.RW1/20. He has also placed on record the undertaking given by the sister of the proposed adoptive mother and her husband as RW1/21. He has also placed on record the undertaking given by the proposed adoptive parents as Ex.RW1/22 and undertaking given by the Foreign Sponsoring agency as Ex.RW1/23.
All These documents are duly notarized, authenticated and apostilled. RW1 has stated that it would be in the interest and welfare of the minor in case the respondents are approved and authorized to adopt both the minor children. The respondents have no adverse interest to that of both the minor children.
29. The undersigned has interacted with both the children namely 'Sanju' now named as 'Sarth Dutta' and his sibling 'Pradeep' now named as 'Parth Dutta' and the prospective adoptive mother and noticed that the children are very happy in the company of the prospective adoptive mother. The children were aware of the relationship and were eager to be in the company of the adoptive family. It was informed that the prospective mother has been residing with her inlaws in Delhi and had been given temporary custody of the children since 12.10.17. After the interaction the statement of the prospective mother was also recorded as RW.2. From the interaction between the PAP and the children, it was apparent that the children were very comfortable with the prospective CISGP052017 SOS Children's Villages of India Vs. Parshant Dutta & Anr Page 13 of 18 adoptive mother and the grand parents. This Court is satisfied that both the children, who have been introduced to the prospective adoptive family have emotionally bonded with them and is happy in their company.
The home study report and the social financial and educational background establish the eligibility of the PAPs. In these circumstances, this Court is satisfied that the best interest of both the children are served, if the adoption is approved and the child 'Sanju' & 'Pradeep' are given in adoption to the respondents no.1 and 2 i.e. Mr. Parshant Dutta and Mrs. Sona Dutta.
30. The documents brought on record are as per the requirements of the JJ Act. Both the children have been declared free for adoption by the Child Welfare Committee, Lajpat Nagar, New Delhi (now District South East) vide its orders dated 13.06.2017; the CARA has certified that the Foreign Adoption Agency namely 'OMANA MENON' UAE is recognized by the CARA. The Foreign Adoption Agency namely 'OMANA MENON' UAE has given approval of the adoption process vide Ex. PW1/2.
31. The Home Study Report carried out by the team of the Foreign Adoption Agency namely 'OMANA MENON' UAE for the Family and Child's Welfare has been placed on record and has notified that the respondents are considered capable of adopting a child between 02 to 04 years of age from India and this certificate is Ex. RW1/2. This certificate was issued on 06.02.2014. Ex. RW1/10 is the declaration of financial status of the respondent no.1 reflecting that respondent no.1 is working as a VP Information TechnologyAfrica with Movenpick Hotels & Resorts with an annual income of Rs.10,656,000+perks INR CISGP052017 SOS Children's Villages of India Vs. Parshant Dutta & Anr Page 14 of 18 1,150,000/. The two reference letters of respondents no. 1 and 2 are Ex. RW1/12 (Colly). The medical certificates qua respondent nos. 1 and 2 are Ex.RW1/7 (respondent no.1) and Ex.RW1/8 (respondent no.2) are also satisfactory. Thus, their capacity to adopt the child as required under Section 61 of the Act are also met.
32. The Home Study Report shows that respondent nos. 1 and 2 are educated and well placed in life. Their family is aware of the adoption process and are supportive of their decision. The family is also willing to contribute to development, protection and care of the minors. The respondents have given the assurance that they would take care of the minors as natural born children. The Foreign Adoption Agency namely 'OMANA MENON' UAE vide its undertaking Ex. RW1/23 has undertaken to report the progress of the adopted children in the prescribed performa and to the Indian Diplomatic Mission in Dubai, UAE along with the photographs of the children after the children arrives in the home of the adoptive parents and on a quarterly basis during the first year and on half yearly basis for the next two years to the Ministry of Welfare, Government of India/CARA and to ensure that the child will receive care, protection and rehabilitation through the child protection services of Dubai, UAE in the event of adjustment problem of the children with the adoptive family.
33. The respondents have also assured through their signed and sworn statements Ex. RW1/22 that they confirm their willingness to adopt both the minor children and as mentioned in the Child Study Report and the Medical Report and on the basis of the photographs of both the minor children namely 'Sanju' now named 'Sarth Dutta' and 'Pradeep' now named 'Parth Dutta' and having understood the same and were willing to CISGP052017 SOS Children's Villages of India Vs. Parshant Dutta & Anr Page 15 of 18 accept the minors in adoption. The Foreign Adoption Agency namely 'OMANA MENON' UAE vide its undertaking Ex. RW1/23 has undertaken to report the progress of the adopted children in the prescribed performa and to the Indian Diplomatic Mission in Dubai, UAE along with the photographs of the children after the children arrive in the home of the adoptive parents and on a quarterly basis during the first year and half yearly for the next two years, and to ensure that the children will receive care, protection and rehabilitation through the child protection services of Dubai, UAE in the event of adjustment problem of the child with the adoptive family and that in case of any adjustment problem that comes to the notice of the authorized foreign adoption agency or the foreign Central Authority on the basis of the progress report or in course of post adoption home visits, the necessary counselling shall be arranged for them as the adoptive parents and for their adopted sons and if it is found that the both children are unable to adjust in the adoptive family or that the continuance of the children with them as the adoptive family is not in the interest of the children, the authorized foreign adoption agency or the Foreign Central Authority or the concerned Government Department shall withdraw the children and provide necessary counselling and shall arrange for suitable alternate adoption or foster placement of the child in UAE, Dubai in consultation with the Indian diplomatic mission and CARA. The PAPs have also recorded that they understood and accepted that in the event of adjustment problem of the children with them, the children would be entitled to receive care, protection and rehabilitation through the child protection services of the UAE.
34. Since all the statutory requirements have been fulfilled by the petitioner society and the respondents and since the documents on CISGP052017 SOS Children's Villages of India Vs. Parshant Dutta & Anr Page 16 of 18 record disclose that both the children 'Sanju' now named 'Sarth Dutta' and 'Pradeep' now named 'Parth Dutta' have been validly declared free for adoption and the Home Study Report of the respondents reflects their social, medical and financial soundness and in the light of the interaction this Court had with both the children and the prospective adoptive mother, the Court finds it would be in the best interest of both the minor children 'Sanju' now named 'Sarth Dutta' and 'Pradeep' now named 'Parth Dutta' that they be given in adoption to the respondents Mr. Parshant Dutta and Mrs. Sona Dutta. The respondents Mr. Parshant Dutta and Mrs. Sona Dutta and the authorised Foreign Adoption Agency namely 'OMANA MENON' shall remain bound by the undertakings they have submitted. Thus, there is no impediment, legal or otherwise, in allowing the petition.
35. The Court orders that both the children named 'Sanju' now named 'Sarth Dutta' born on 20.02.2012 and 'Pradeep' now named 'Parth Dutta' born on 20.08.2013 be given in adoption to the respondents no.1 & 2 Mr. Parshant Dutta and Mrs. Sona Dutta w.e.f. 21.12.2017. The children 'Sanju' now named 'Sarth Dutta' and 'Pradeep' now named 'Parth Dutta' shall become the adopted children of the respondents no. 1 & 2 and the respondents no.1 & 2 Mr. Parshant Dutta and Mrs. Sona Dutta will become the adoptive parents of both the children 'Sanju' now named 'Sarth Dutta' and 'Pradeep' now named 'Parth Dutta' w.e.f. 21.12.2017.
36. The petitioner SOS Children's Villages of India and the CARA shall file quarterly reports on the progress of both the children 'Sanju' now named 'Sarth Dutta' and 'Pradeep' now named 'Parth Dutta' to the Court for a period of two years from the date of this order. The concerned authorities may accept the date of birth of the child 'Sanju' now CISGP052017 SOS Children's Villages of India Vs. Parshant Dutta & Anr Page 17 of 18 named 'Sarth Dutta' as 20.02.2012 and that of 'Pradeep' now named 'Parth Dutta' as 20.08.2013 for issuance of the birth certificates and other legal documents.
37. The required certificate in respect of the adoption may be issued with the photographs of both the children and parents. File be consigned to record room.
Announced in open Court on 21.12.2017. (Asha Menon) District & Sessions Judge South, Saket Courts, New Delhi CISGP052017 SOS Children's Villages of India Vs. Parshant Dutta & Anr Page 18 of 18