Delhi District Court
Missionaries Of Charity vs The Indian Council For Child Welfare on 8 December, 2010
IN THE COURT OF SHRI RAKESH KAPOOR DISTRICT JUDGE-I :
DELHI
GUARDIANSHIP CASE NO. 190/2010
UNIQUE ID NO. 0240IC0517382010
IN THE MATTER OF:
Missionaries of Charity,
12-Commissioners Lane,
Delhi-110 054.
Through :
Sister Danyetta M.C.,
Authorised Representative
.... Petitioner.
Versus
1. The Indian Council for Child Welfare,
4, Deen Dayal Upadhyay Marg,
New Delhi.
2- Mr. Jaison Thomas
S/o. Mr. Thomas Antony
3- Mrs. Suruchi Maitra
W/o Mr. Jaison Thomas
Both residents of :
S-360, Ground Floor,
Uppal South End, Sohna Road,
Sector-48, Gurgaon - 122 001
(Haryana).
..... Respondents.
Date of institution of petition :28.10.10
Date on which judgment/order was reserved :08.12.10
Date of pronouncement of judgment :08.12.10
JUDGMENT:
This petition under Section 41(6) of the Juvenile Justice (Care & Protection of Children) Act, 2000 (56 of 2000) (as amended by GP No.190/2010 (Page 1 of 5) the Amendment Act 33 of 2006) and Rules relating thereto, has been filed by the petitioner seeking permission to give minor female child Miss Sara Jaison, originally named Miss Maria (born on 20.04.2009) in adoption to respondents No.2 & 3.
2. Briefly stated the facts of the case as disclosed in the petition are that petitioner is a Charitable organization, running its Home `Nirmal Shishu Bhawan' for the abandoned/ destitute and handicapped children. It is duly recognized agency by Central Adoption Resource Authority (CARA), Ministry of Social Justice & Empowerment, Government of India, for placing the children in adoption. Respondent No.2 is a Christians by religion & faith. Respondents No.3 is Hindu by by religion and faith. They were married on 10.01.2002 as per Special Marriage Act at New Delhi and due to medical reasons, they could not have their own child. They are keen and desirous of adopting the said minor child under the Juvenile Justice Act. It is further stated that the respondents No. 2 & 3 are confident that they shall be able to give to the minor an education and upbringing fit for the minor according to their own rank and status in life so that she becomes a person with status. It has been averred that the minor child Miss Sara Jaison, originally named Miss Maria (born on 20.04.2009) was brought by the Police and abandoned with Missionaries of Charity at Ranchi (Jharkhand) on 20.05.2009. The Child was produced before the Child Welfare Committee, Ranchi and vide order dated 18.08.2009, the CWC has declared the said child to be legally for adoption. As per reports available, this minor child has been born on 20.04.2009 at Chandigarh. Later on the said child was transferred to the petitioner at Delhi on 24.04.2010. Since then, this minor remained in the foster care and custody of petitioner till 27.10.2010 when her interim custody was transferred to respondents No.2 & 3. Prayer has been made that petitioner may be permitted to give minor female child Miss GP No.190/2010 (Page 2 of 5) Sara Jaison, originally named Miss Maria (born on 20.04.2009) in adoption to respondents No.2 & 3.
3. Notice of the petition was issued to the respondents and citation was also affixed on the notice board of the Court. Respondents No. 1 to 3 have filed their respective replies to the petition in the form of `no objections'.
4. In support of the case, Sister Danyetta, Authorised Representative, of the petitioner tendered her evidence vide affidavit Ex.PW1/A. She has reaffirmed the averments made in the petition. She has placed and proved on record abandonment certificate as Ex.P1; child study report as Ex.P2; photographs of the minor as Ex.P3 (colly); and Home study report of the adoptive parents as Ex.P4. She testified that it would be in the interest and for the welfare of the minor child if respondents No.2 & 3 are permitted to adopt the minor child.
5- Shri Jaison Thomas, respondent no.2 tendered his evidence vide affidavit Ex.RW1/A. He testified that they have been recommended and found fit and suitable to adopt the said minor child by the Social Worker, of the petitioner. He testified that no child has been born out of their wedlock and as per medical reports, the chances of their having any child of their own are remote. He has placed and proved on record infertility and health certificate alongwith medical reports as Ex.R1 (colly); their salary statements alongwith copies of income tax returns, copies of LIC premium, policy statement, property documents, copies of school certificate, marriage certificate and reference letters etc., as Ex.R2 (colly); and their joint photograph as R3.
6- Mrs. Suruchi Maitra, (respondent No.3) tendered her GP No.190/2010 (Page 3 of 5)
evidence vide affidavit Ex.RW2/A. She testified that she has read and understood the contents of the affidavit tendered in evidence by her husband (respondent No.2) and the averments of facts made therein are true and correct and that she undertake to remain bond by the same. She further testified that she shall bring up the said minor child as their natural born child and give love and affection to her.
7- I have heard the learned Counsel for the parties and have gone through the records.
8- Section 41(6) of The Juvenile Justice (Care) & Protection of Children) Act, 2000 provides that the Court may allow a destitute/orphaned child to be given in adoption either to a single parent or to parents to adopt a child of same sex irrespective of the number of living biological sons or daughters.
9- It is manifest from the pleadings and evidence adduced on record that respondents No2 & 3 were married on 10.01.2002. They have not been blessed with any child. They have now desired to take the said child in adoption under Section 41(6) of the Juvenile Justice (Care & Protection of Children) Act in order to secure the life of the minor by giving her complete inheritance rights as that of a biological daughter . Statement of RW1, coupled with documents Ex.R-1 (colly) shows that Respondent No.3 is a case of vaginismus resulting in Secondary infertility and Vulval warts which have been treated; Presently she is HPV negative and well. Documents Ex.R2 (colly) depicts that respondent No.2 is employed as a Vice President with M/s. Encore Capital Group whereas respondent No.3 is employed as a General Manager with M/s. IBM Company in Gurgaon and their gross monthly income is Rs.2,99,043/- & Rs.1,41,341.56 respectively. Thus it GP No.190/2010 (Page 4 of 5) can be inferred that Respondents No.2 & 3 are the persons of means, they are capable to maintain themselves and the female child to be adopted and it will be in the welfare of the minor child , if the prayer of the petitioner is allowed.
9. In view of above discussion and provisions of Section 41(6) r/w Sec. 2(aa)of the Act, I allow the present petition and permit the petitioner to give minor female child Miss Sara Jaison, originally named Miss Maria (born on 20.04.2009) in adoption to respondents No.2 & 3, thereby the child becomes their legitimate daughter, with all the rights, privileges and responsibilities that are attached to the relationship. Petitioner as well as Respondents No.2 & 3 are directed to execute and register an adoption deed. An attested copy of the same may be placed on record of this court within three months from the date of this order. Necessary certificate be issued accordingly.
File be consigned to record room.
Pronounced in open (RAKESH KAPOOR)
Court on 08.12.2010. DISTRICT JUDGE-I:
DELHI.
GP No.190/2010 (Page 5 of 5)