Bombay High Court
Family Service Centre vs Sachin Madhukar Kulkarni And Shital ... on 3 January, 2020
Author: G.S.Kulkarni
Bench: G.S.Kulkarni
IAP75_2019.doc
Vidya Amin
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
AND
IN ITS GENERAL AND INHERENT JURISDICTION
INDIAN ADOPTION PETITION NO. 75 OF 2019
WITH
JUDGE'S ORDER NO. 230 OF 2019
Family Service Centre, Eucharistic ... Petitioner
V/s.
Sachin Madhukar Kulkarni and
Shital Sachin Kulkarni ... Prospective Adoptive Parents
Mr. Rakesh K.L. Kapoor for the petitioner.
Mr. O. Hareendran, Scrutiny Officer present.
CORAM : G.S.KULKARNI, J.
DATE : 3 January 2020 P.C.:
This Indian Adoption Petition is filed under sections 56 and 58 of the Juvenile Justice (Care & Protection of Children) Act, 2015 (for short "J.J. Act") by the Family Service Centre through its authorized signatory Ms. Indira Ullas, a recognized specialised adoption agency along with Mr. Sachin Madhukar Kulkarni and his wife Mrs. Shital Sachin Kulkarni, aged 42 and 33 years respectively, presently residing at Thorbole Galli, At Kundal, Taluka-Palus, District Sangli, being the proposed adopters praying for adoption of minor male child "Ronak" born on 2 April 2019.
2. The biological mother surrendered minor Ronak before the Child Welfare Committee , Mumbai City on 10 April 2019. On the same day the custody of the minor child was given to the petitioner-institution. A safe custody order of the Child Welfare Committee dated 10 April 2019 came to be passed under section 36 of the Juvenile J.J. Act. and Rule 18 of the Model Juvenile Justice Rules, 2016. The Child 1/6 ::: Uploaded on - 07/01/2020 ::: Downloaded on - 07/06/2020 08:40:29 ::: IAP75_2019.doc Welfare Committee had taken an enquiry as per provisions of Section 38 of J.J. Act. By an order dated 28 August 2019, the Child Welfare Committee declared minor Ronak to be legally free for adoption. A certificate to that effect is placed on record at page 16.
3. The decision of the Adoption Committee dated 4 October 2019 does not indicate anything adverse to the adoption by the adoptive parents. The affidavit of the Chief Functionary of the Specialized Adoption Agency supporting the averments as made in the petition is also placed on record.
4. In so far as the adoptive parents are concerned, they are residents of Kundal, Dsitrict Sangli. They have been married for the past 14 years (date of marriage is 2 June 2005) with no biological children.
5. There is a motivation letter by the adoptive parents recording that they always intended to be parents, however, were unable to have biological child. They have accordingly taken a decision to have a child in adoption.
6. In so far as the adoptive father is concerned, he is working as a Switch Board Operator with Krantigrani Dr. G.D. Bapu Lad Sahakari Sakhar Karkhana Ltd., Kundal since 1 December 2002 and his monthly salary is Rs.22,404/-. The salary certificate and Form no. 16 are placed on record. The adoptive mother is self-employed and is in the business of making noodles and owns a grinding mill since 2005 and earns about Rs.60,000/- per annun. The other details, namely, pancard, proof of residence, copy of Aadhar and other supportive financial documents are also placed 2/6 ::: Uploaded on - 07/01/2020 ::: Downloaded on - 07/06/2020 08:40:29 ::: IAP75_2019.doc on record.
7. The health reports of the adoptive parents dated 12 October 2019 are on record, which record that they are healthy and are not suffering from any disease and are fit to adopt a child. Their HIV and other test reports certify the case as negative.
8. There is a childcare arrangement plan undertaking placed on record. There is also a home study report Part I : Self-assessment by the adoptive parents. There is home study report Part II Assessment report of the social worker Mrs. Vrushali Gawali dated 7 July 2017 of Mahila Jeevan Samvardhak Mandal, Maze Maher Sanchalit, Shishu Adhar Kendra, Kolhapur, which contains the assessment of the adoptive parents on all counts, on the basis of home visit and interaction with family members. It also takes into consideration the psychological condition of the adoptive parents, financial capacity, physical and emotional capacity. The report of the Agency recommends the adoption of a child by the adoptive parents.
9. A child security undertaking dated 12 June 2017 is also placed on record furnished by Mr. Pradyumna Chandrashekhar Bulakh, brother-in-law and Mrs. Shweta Pradyumna Bulakh, sister of the adoptive mother, who are residing at Pune to look after the minor girl in case of any unfortunate mishap to the adoptive parents.
10. As regards the medical examination of minor Ronak, a report dated 10 September 2019 placed on record, which records no abnormality. It records the 3/6 ::: Uploaded on - 07/01/2020 ::: Downloaded on - 07/06/2020 08:40:29 ::: IAP75_2019.doc "Overall observation of the child" and the growth of the child to be normal. It is stated that in view of a good weight gain, the baby's motor responses are a bit slow and on adequate stimulation, it would ensure a normal development. The adoptive parents have examined the medical report and they have counter signed the said report. The HIV test report of the proposed minor dated 30 August 2019 certifies the case as "Non-Reactive".
11. The photographs of the adoptive parents and also the photograph of minor Ronak to be taken in adoption are placed on record.
12. There is also a joint consent and willingness of the adoptive parents recording that they are willing to be appointed or declared adoptive parents of male minor Ronak.
13. The adoptive parents desire to change the name of minor Ronak to be renamed as "Aaroha Sachin Kulkarni".
14. There is also a pre-adoption foster care undertaking dated 10 August 2019 on record. It is stated by the learned counsel for the petitioner that the child is already in foster care of the adoptive parents and is doing well. Learned counsel also states that the parents are extremely happy with their decision to adopt minor Ronak.
15. An undertaking dated 24 September 2019 from the authorities of Shishu Adhar Kendra, Kolhapur for furnishing post adoption follow up reports is placed on 4/6 ::: Uploaded on - 07/01/2020 ::: Downloaded on - 07/06/2020 08:40:29 ::: IAP75_2019.doc record.
16. The renewal of the recognition of petitioner-institution is pending, however has filed this petition as per the provisions of Regulation 24(5) of the Adoption Regulation 2017.
17. I have also gone through the report of Mr. O. Hareendran, Scrutiny Officer, Indian Council of Social Welfare Central Office, Bombay, marked as "X" which also do not indicate any adverse material and would recommend adoption of minor child.
18. Having perused the averments as made in the petition and having gone through the documents as placed on record, in my opinion, it would be in the paramount interest of the minor that he be granted in adoption to the adoptive parents.
19. The petition is accordingly allowed in terms of prayer clauses (a), (b), (c) and (d) which read thus:-
"(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 Aaroha Sachin Kulkarni.
(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 Aaroha Sachin Kulkarni born on 02.04.2019 and stating thereon that the prospective adoptive parents as the parents of the said minor.5/6 ::: Uploaded on - 07/01/2020 ::: Downloaded on - 07/06/2020 08:40:29 :::
IAP75_2019.doc
(d) That the prospective adoptive parents be allowed to change the name of the minor from Ronak to Aaroha Sachin Kulkarni born on 02.04.2019."
20. The adoptive parents have agreed to open a Single Premium LIC Policy in the name of minor Geetika for an amount of Rs.1,00,000/- (One Lakh only), having its maturity on the minor attaining the age of majority. The LIC policy be taken out within four months from today. Copy of the LIC Policy be placed on record.
21. Judge's Order is separately signed and be read accordingly alongwith this order.
22. The adoptive parents are directed not to give minor in further adoption to any other person without the leave of the Court.
23. Petition is disposed of in the above terms. No costs.
24. Office to issue certified copy of this order alongwith the Judge's order within two weeks from today.
(G.S.KULKARNI, J.) 6/6 ::: Uploaded on - 07/01/2020 ::: Downloaded on - 07/06/2020 08:40:29 :::