Madras High Court
Varshini Illam Trust vs Unknown
Author: V.Parthiban
Bench: V.Parthiban
Order dated 02.08.2021 in O.P.No.456 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 02.08.2021
Coram:
THE HONOURABLE MR.JUSTICE V.PARTHIBAN
Original Petition No.456 of 2021
1. Varshini Illam Trust, rep. by authorized person,
Mr.John Alex, No.108, AH Block, 4th Street,
Shanthi Colony, Anna Nagar,
Chennai-600 040.
2. Mr.A.S.Suresh Kumar
3. Mrs.A.Uthariamary .. Petitioners
Original Petition (O.P) filed under Section 56(1) of the Juvenile
Justice (Care and Protection of Children) Act, 2015 (2 of 2016) read with
Regulations 12(2) of the Regulations framed thereunder.
For petitioners : M/s.Jayasudha Suryanarayanan
ORDER
This Original Petition is filed under Section 56(1) of the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016) read with Page No.1/1 https://www.mhc.tn.gov.in/judis/ Order dated 02.08.2021 in O.P.No.456 of 2021 Regulations 12(2) of the Regulations framed thereunder, praying for the following reliefs:
(a) The second and third petitioners, Mr.A.S.Suresh Kumar and Mrs.A.Uthiramary, wife of A.S.Suresh Kumar, both residing at No.203/81, Thamarai Nagar, Sathiram M.Puthur Post, Thottiyam, M.Pudur, Tiruchirapalli-621 2013, may be appointed as parents of the minor female child Nakshatra, now known as Isaimalar, whose date of birth is 06.10.2020.
(b) that the prospective adoptive parents may please be declared as parents of the person of the said minor child for all purposes allowed by the law and up-bring the child as their own child with the legal status of a biological child with all the rights of succession and inheritance.
(c) that the Birth Certificate issuing Authority may be directed to issue Birth Certificate for child Nakshatra, now known as Isaimalar, within five working days from the date of application, as per the provisions of sub-
regulation (5) of Regulation 18 and Regulation 36 of the CARA Regulations.
2. The facts as culled out from the petition filed by the petitioners, are Page No.2/2 https://www.mhc.tn.gov.in/judis/ Order dated 02.08.2021 in O.P.No.456 of 2021 briefly stated hereunder:
(a) The first petitioner is a recognized Specialized Adoption Agency under Section 65 of the Juvenile Justice (Care and Protection of Children), 2015 (2 of 2016) by the State Government of Tami Nadu, for rehabilitating orphans, abandoned and surrendered children through adoption in accordance with the provisions of the Juvenile Justice Act and Adoption Regulations. The in-country licence granted to the first petitioner-institution by the Government of Tamil Nadu had been renewed on 23.12.2016 and the period of validity of the certificate is five years from 23.12.2016 to 22.12.2021. The said institution has now shifted from Varshini Trust Villa No.2, Block No.59, Bollinenni Hill Side Nookampalayam, Perumbakkam Road, Chennai-126 and functioning as a specialized Adoption Agency to No.108, AH Block 4th Street, Shanthi Colony, Anna Nagar, Chennai-600 040, vide letter R.O.C.787/SARA/2019, dated 04.08.2020 by the Commissioner, Department of Social Defence, Government of Tamil Nadu.
(b) The first petitioner is a registered Child Care institution, which is having the care and custody of the minor female child Nakshatra, now known as Isaimalar, having date of birth as 06.10.2020. Page No.3/3 https://www.mhc.tn.gov.in/judis/ Order dated 02.08.2021 in O.P.No.456 of 2021
(c) The second petitioner is Mr.A.S.Suresh Kumar, son of Mr.M.Sivasamy about 44 years and the third petitioner is Mrs.A.Uthariamary, wife of Mr.A.S.Suresh Kumar, aged about 43 years, both residing at No.203/81, Thamarai Nagar, Sathiram M.Pudur Post, Thottiyam, M.Pudur, Tiruchirapalli-621 203.
(d) The Authorised person Mr.John Alex is a Trustee Varshini Illam Trust (1st petitioner herein) which is a Child Welfare Organisation, having its Registered Office at 108, AH Block, 4th Street, Shanthi Colony, Anna Nagar, Chennia-600 040.
(e) The minor female child above named born on 06.10.2020 was surrendered by the biological mother before the Child Welfare Committee, Thiruvallur, who handed over the child to the first petitioner-institution on 20.10.2020. The said female minor child was declared as legally free for adoption by the Child Welfare Committee, Thiruvallur, by its order dated 11.01.2021. Hence, the child was free for adoption and now the child is about seven months old.
(f) The second petitioner and the third petitioner are the Indian citizens. The date of birth of the second petitioner is 31.07.1976 and that of Page No.4/4 https://www.mhc.tn.gov.in/judis/ Order dated 02.08.2021 in O.P.No.456 of 2021 the third petitioner is 13.06.1978. They got married on 15.02.2007. The second and third petitioners do not have biological child and they wanted to adopt a child. They believe that they have much to offer a child, including their home, love and ability to financially care for a child.
(g) The second petitioner is working as a Supervisor in TASMAC and gets annual income of Rs.1,32,120/- and the third petitioner is working as Teacher in Panchayat Union School, Kaduvetti and gets an annual income of Rs.6,14,789/-. The financial position of the couple is good.
(h) The petitioners 2 and 3 states that they registered for adoption on- line with CARA on 08.03.2018 (PrTa 105567133) and through on-line system of the matching as per the new CARA guidelines 2015 child Nakshatra, now known as Isaimalar, was matched on-line and the second and third petitioners accepted to adopt child Nakshatra, now known as Isaimalar on 06.10.2020, also state that all particulars called for them along with the home study report conducted on home-study report conducted on SOCSEAD, Trichy on 12.06.2018. The minor child Nakshatra was shown to the couple and they also decided to adopt the child. The said child was given in Foster Care 26.02.2021 to the second and third petitioners and from Page No.5/5 https://www.mhc.tn.gov.in/judis/ Order dated 02.08.2021 in O.P.No.456 of 2021 that day onwards, the said couple has been bringing up the said child as their own, bestowing the parental affection. The second and third petitioners re-named the child as Isaimalar. The second and third petitioners submit that they have signed the Child Study Report and medical examination Report pertaining to the above named minor child and decided to adopt the above named minor child. All the relevant papers pertaining to the second and third petitioners, viz., Income Certificate, Marriage Certificate to adopt are filed along with the petition. The second and third petitioners are presently residing at No.203/81, Thamarai Nagar, Sathiram M.Pudur Post, Thottiyam, M.Pudur, Tiruchirapalli 621 203.
(i) The second and third petitioners further stated that no guardian of person or the property of the minor female child above named, has been appointed by any Court and that no application has been made any time to this Court or in any other Court with regard to the adoption of the minor child above named. The minor female child above named has no property.
(j) The prospective adoptive parents have undertaken to submit post- adoption follow up to ascertain the progress and well-being of the child in the adoptive family, as envisaged under Section 59(11) of the Juvenile Page No.6/6 https://www.mhc.tn.gov.in/judis/ Order dated 02.08.2021 in O.P.No.456 of 2021 Justice Act. The petitioners 2 and 3 have also undertaken to up-bring the above named minor child Nakshatra, now known as Isaimalar as their own child and to accord the same status/rights/privileges to the child above named at par with the natural born child.
(k) The conditions laid down in Section 61(1) of the Juvenile Justice Act have been complied with in this adoption case.
(l) The givers and takers have no interest directly or indirectly adverse to that of the minor child.
(m) The above named minor child is residing within the legal jurisdiction of this Court and hence, this Court has jurisdiction to pass Adoption Order as per the provisions of Sections 2(23), 59(7) and 61 of the Juvenile Justice Act.
(n) The second and third petitioners understand that the adopted child shall become their lawful child with all rights, privileges and responsibilities that are attached to a biological child.
(o) The second and third petitioners have not filed any other application for adoption of the above named minor child Nakshatra, now known as Isaimalar in any other Court of Law.
Page No.7/7 https://www.mhc.tn.gov.in/judis/ Order dated 02.08.2021 in O.P.No.456 of 2021
(p) The petitioners 2 and 3 may be granted permission to adopt the minor female child above named.
(q) The petitioners 2 and 3 are fit and proper persons to adopt the minor female child Nakshatra, now known as Isaimalar. If the petitioners 2 and 3 are granted permission to adopt the minor female child Nakshatra, now known as Isaimalar, the same would be in the interest and welfare of minor child and the petitioners 2 and 3 may be permitted to take the minor child outside India and that necessary travel documents have to be obtained for taking the minor female child outside India.
(r) Hence, the petitioners 2 and 3 pray this Court to grant leave to the petitioners 2 and 3 to take custody of female minor child Nakshatra (now known as Isaimalar) whose date of birth is 06.10.2020 and taken the child for being adopted, fostered, brought up and maintained by Mr.A.S.Suresh Kumar and Mrs.A.Uthariamary, presently residing at No.203/81, Thamarai Nagar, Sathiram M.Puthur Post, Thottiyam, M.Pudur, Tiruchirapalli-621 203.
(s) Hence, the petitioners have filed the present O.P. for the reliefs stated supra.
Page No.8/8 https://www.mhc.tn.gov.in/judis/ Order dated 02.08.2021 in O.P.No.456 of 2021
3. The second petitioner-A.S.Suresh Kumar was examined as P.W.1 and marked Exs.P-1 to P-16. Ex.P-1 is the original Deed of Surrender, dated 16.10.2020; Ex.P-2 is the original order dated 20.10.2020 passed by the Child Welfare Committee, Tiruvallur; Ex.P-3 is the original Certificate dated 11.01.2021 given by the Child Welfare Committee, Tiruvallur; Ex.P-4 is the computer generated registration acknowledgement letter, dated 07.04.2018; Ex.P-5 is the original Home Study Report, dated 04.07.2018; Ex.P-6 is the original Child Study Report, dated 09.01.2021; Ex.P-7 is the original Medical Examination Report of the child, dated 09.01.2021; Ex.P-8 is the original Pre-Adoption Fostercare undertaking affidavit, dated 26.02.2021; Ex.P-9 is the on-line Certificate of Marriage, dated 26.07.2021; Ex.P-10 (series two numbers) are the original Medical Certificates of the petitioners 2 and 3; Ex.P-11 is the computer generated Income Certificate, dated 19.02.2021 in respect of the second petitioner along with a copy of Income Tax Return acknowledgement for the assessment year 2019-20; Ex.P-12 (series two numbers) are the photographs of the Aadhar Cards of the second and third petitioners; Page No.9/9 https://www.mhc.tn.gov.in/judis/ Order dated 02.08.2021 in O.P.No.456 of 2021 Ex.P-13 (series two numbers) are the photocopies of the Pan cards of the petitioners 2 and 3; Ex.P-14 (series two numbers) are the photocopies of Secondary School Leaving Certificates of the petitioners 2 and 3; Ex.P-15 is the joint Declaration of Willingness given by the petitioners 2 and 3 and Ex.P-16 is the photograph of the minor child Isaimalar along with compact disc.
4. The Trustee of the Varshini Illam Trust was examined as P.W.2 and marked Exs.P-17 to P-20. Ex.P-17 is the photocopy of the Trust Deed, dated 09.04.2014; Ex.P-18 is the affidavit given by him in his capacity as the Trustee of the first petitioner-Trust; Ex.P-19 is the photocopy of the letter dated 23.12.2016 addressed to the first petitioner Trust by the Social Welfare and Nutritious Meal Programme Department, Government of Tamil Nadu, along with a photocopy of the Certificate of Recognition, and Ex.P-20 is the photocopy of the letter dated 04.08.2020 sent to the first petitioner-Trust by the Department of Social Defence, Government of Tamil Nadu.
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5. The evidence of P.W.1 and P.W.2 and Exs.P-1 to P-20 show that the petitioners 2 and 3 are entitled to get the relief as prayed for in this petition. Hence, the Original Petition is ordered as prayed for, subject to the following conditions:
(i) The petitioners 2 and 3 are hereby appointed as natural guardians/parents of the minor child Nakshatra, now known as Isaimalar, whose date of birth is 06.10.2020, and they are hereby declared as the adoptive parents for the person of the said minor child and the petitioners 2 and 3 are permitted to take the said minor child to the country of their residence for up-bringing the child as their own child with the legal status of a biological child with all the rights of succession and inheritance.
(ii) The Birth Certificate issuing Authority is directed to issue Birth Certificate for the said minor child, within five working days from the date of application thereof, as per the provisions of sub-regulation (5) of Regulation 18 and Regulation 36 of the CARA Regulations.
(iii) The Regional Passport Office concerned is directed to issue Passport for the said child within ten days from the date of application Page No.11/11 https://www.mhc.tn.gov.in/judis/ Order dated 02.08.2021 in O.P.No.456 of 2021 thereof, as per sub-regulation (4) of Regulations 18 and 38 of the CARA Regulations.
(iv) The petitioners 2 and 3 are permitted to take the custody of the said minor child for being adopted, fostered, brought up and maintained by them in Italy.
(v) The petitioners 2 and 3 are also permitted to take the child out of India for being brought up by them in Italy.
(vi) The petitioners 2 and 3 shall submit periodical reports regarding the welfare of the child at the intervals of three months in the first two years, and at the intervals of six months during the succeeding three years to the Court.
(vii) The minor child shall be adopted by the petitioners 2 and 3 in accordance with the local laws in their place of residence, within a period of one year from the date of this order.
02.08.2021 Speaking Order: Yes cs Page No.12/12 https://www.mhc.tn.gov.in/judis/ Order dated 02.08.2021 in O.P.No.456 of 2021 To The Sub-Assistant Registrar, Original Side, High Court, Madras.
Page No.13/13 https://www.mhc.tn.gov.in/judis/ Order dated 02.08.2021 in O.P.No.456 of 2021 V.PARTHIBAN, J cs O.P.No.456 of 2021 02.08.2021 Page No.14/14 https://www.mhc.tn.gov.in/judis/