Bombay High Court
Swti, Bal Vikas vs Erik Smeulders And Vincenza Sanna ... on 3 January, 2020
Author: G.S. Kulkarni
Bench: G.S.Kulkarni
psv 1 FAP 41-19.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
AND
IN ITS GENERAL AND INHERENT JURISDICTION
FOREIGN ADOPTION PETITION NO. 41 OF 2019
SWIT, Bal Vikas ... Petitioner
And
Erik Smeulders and Vincenza Sanna ... Proposed Adopters
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Smt.Lalita Jaya for Petitioner.
Mr.O. Hareendran, Scrutiny Officer of ICSW.
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CORAM : G.S.KULKARNI, J.
(In Chamber) DATE : 3rd JANUARY, 2020 P.C.:
On 6 December 2019, the Court had passed an order seeking clarification from CARA which reads thus:-
" SWTI, Bal Vikas-petitioner is before this Court with the proposed adopters Erik Smeulders and Vincenza Sanna, Belgian Nationals, praying for adoption of a female minor named Raavi age about three years.
2. I have heard learned Counsel for the petitioner. I have perused the several documents as placed on record. Considering the medical reports of Mr.Erik Smeulders who is stated to be a patient of Charcot Marie Tooth disease as also considering the fact that the proposed adopter Ms.Vincenza Sanna has also undergone a heart transplant, I feel that in the absence of any clear stand taken on these medical conditions of both the proposed adoptive parents, by the Central Adoption Resource Authority, it may not be possible 1/3 ::: Uploaded on - 03/01/2020 ::: Downloaded on - 04/01/2020 03:05:43 ::: psv 2 FAP 41-19.doc to pass any final orders on this petition.
3. Today I am also shown an e-mail dated 28 June 2019 addressed by the petitioner to CARA which reads thus:-
"We have just been able to access the file of family Erik Smeulders from Belgiam who has reserved child RAAVI from our agency. The male applicant has an inherited neurological disorder known as Charcot Marie tooth. This condition can progress over a period of time and therefore we are concerned. Attached is the medical certificate. The female applicant has had a heart transplant and has a pacemaker and has to be on regular medication.
Kindly look into this."
A copy of the said email tendered by the petitioner is taken on record and marked "X" for identification.
4. It is informed by the learned Counsel for the petitioner that no reply to this email was received from CARA. I have been formally appraised of the nature of the ailment of the proposed adoptive father. In my opinion, a clarification is on these issues is necessary from CARA, more particularly considering the present medical condition and the nature of the ailments of the proposed adopters, whether it would be in the paramount interest and welfare of the child, to be given in adoption to the proposed adopters, significantly when the child being given in adoption is about 3 years of age.
5. In the above circumstances, the CARA would be required to examine the matter carefully and on the basis of adequate medical material and on the opinion of experts in the medical field come to a considered decision, giving reasons thereof as to whether it would be appropriate and in the interest of the minor to be granted in adoption to the proposed adopters. The appropriate decision in this regard be taken by CARA within four weeks from today and a report to that effect be placed on record of this petition which shall include the expert's medical reports.
6. Office to forward a copy of this order to CARA as also the petitioner would take appropriate steps to forward a copy of this order to CARA.
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7. Parties to act on an authenticated copy of this order."
2. There is an office report that CARA is already served with the above order. However so far, on behalf of CARA nothing is placed on record. The Court is thus unable to proceed with the matter. In the aforesaid situation, there is no alternative but to direct CARA to place on record the entire record including medical report before the Court on the adjourned date of hearing, failing which CARA shall depute a representative to remain present alongwith the entire record.
3. Office to immediately forward this order to CARA.
4. Stand over to 24 January 2020 at 03.00 p.m. (G.S. KULKARNI, J.) 3/3 ::: Uploaded on - 03/01/2020 ::: Downloaded on - 04/01/2020 03:05:43 :::