Delhi District Court
Mr. Saurav Bhattacharya vs Indian Council For Child Welfare on 11 February, 2011
IN THE COURT OF SHRI RAKESH KAPOOR; DISTRICT
JUDGE-I: DELHI.
HINDU ADOPTION CASE NO. 25/2011
UNIQUE ID NO.0240IC0037992011
IN THE MATTER OF:-
1. Mr. Saurav Bhattacharya
S/o Sh. Anandaram Bhattacharya
2. Mrs. Sauma Bhattacharya
W/o Mr. Saurav Bhattacharya
Both residents of
G-1108, Wembley Estate,
Rosewood City, Sohna Road,
Gurgaon - 122 018 (Haryana).
..... Petitioners.
Versus
1. Indian Council for Child Welfare,
4, Deen Dayal Upadhyay Marg,
New Delhi - 110 002.
2. Missionaries of Charity,
a Society duly registered under
the Societies Registration Act,
having its offices at
12-Commissioners Lane,
Delhi - 110 054. ....Respondents.
Date of institution of petition :25.01.2011
Date on which judgment was reserved :11.02.11
Date of pronouncement of judgment :11.02.11
JUDGMENT:
1- This petition under Section 9(4) of the Hindu Adoptions & Maintenance Act, 1956 has been filed by the petitioners, seeking permission to give the minor female child Miss Sharmila Bhattacharya, originally named as Naviya (born on 04.07.2010) in adoption to petitioner No.1 as a daughter. It has been disclosed in the petition that petitioners are Hindu by religion and faith. They were married on 11.03.2001 as per Hindu (HA-25/2011) (Page 1 of 4) rites and customs. As per medical reports, the chances of their having any child of their own are remote. They have not adopted any child so far. It is stated that petitioners, being very fond of children, are keen and desirous of adopting the minor female child Miss Sharmila Bhattacharya, originally named as Naviya (born on 04.07.2010) who was abandoned by her unwed mother with respondent No.2 on 19.07.2010. The said child has been declared as an abandoned child and legally free for adoption by the Child Welfare Committee. Interim custody of the minor child was handed over by the respondent No.2 to petitioner No.1 & his wife on 24.01.2011 and since then she is being brought up by them as a Hindu. Prayer has been made that petitioners may be permitted to give the minor child in adoption to petitioner No.1 as a daughter.
2- Notice of the petition was issued to the respondents and citation was also affixed on the notice board of the Court. Both the respondents filed their respective replies/no objections if the present petition is allowed.
3- Petitioner No.1, Shri Saurav Bhattacharya tendered his evidence vide affidavit Ex.PW1/A, wherein he has reaffirmed the averments made in the petition. He has placed and proved on record their infertility and health certificates along with medical reports as Ex.P1 (colly); their salary statements along with copies of I.T returns, bank statement, property documents, school & marriage affidavit and reference letters etc. as Ex.P2 (colly); consent given by his wife (petitioner No.2) to adopt the said child, as Ex.P3; their family photograph as Ex.P4. He has undertaken to give all love and affection to the minor as is given to a natural born child.
4- Petitioner No.2 Mrs. Sauma Bhattacharya tendered her evidence vide affidavit Ex.PW2/A. She testified having given her consent to her husband to adopt the child in question as (HA-25/2011) (Page 2 of 4) Ex.P3.
5- Sister Danyetta of Missionaries of Charity has been produced as RW1. She has stated that she is well conversant with the facts of this case. She further stated that minor female child Miss Sharmila Bhattacharya, originally named as Naviya (born on 04.07.2010) was abandoned by her unwed mother with respondent No.2 on 19.07.2010. The said child has been declared as an abandoned child and legally free for adoption by the Child Welfare Committee vide certificate Ex.R-1.. She has placed and proved on record child study report as Ex.R2; digital photographs of the minor as Ex.R-3 (colly.); and Home study report as Ex.R-4. She testified that their institution has no objection if the present petition is allowed and the petitioners are permitted to adopt the minor female child as per Hindu Laws and customs.
6- I have heard the learned Counsel for the petitioners and have gone through the record.
7- Sub section 4 of section 9 of the Hindu Adoption and Maintenance Act, 1956 provides that in case of a child, both of whose parents are dead or have completely and finally renounced the world or have abandoned the child or have been declared by a court of competent jurisdiction to be of unsound mind or where the parentage of the child is not known, the guardian of the child may give the child in adoption with the previous sanction of the Court. Sub section (5) of Section 9 of the Act requires the court before granting such permission to satisfy itself that the adoption will be in the interest of the minor and paramount consideration should be the welfare of the minor. 8- It is manifest from the pleadings and evidence adduced on record that no child has been born to the petitioners who were married on 11.03.2001. Medical certificate Ex.P1 (colly) shows petitioner No.2 is a case of infertility due to erectile (HA-25/2011) (Page 3 of 4) dysfunction and hence, unable to ejaculate. Statement of RW1, coupled with Child Study Report Ex.R-2 depicts that minor female child Miss Sharmila Bhattacharya, originally named as Naviya (born on 04.07.2010) was abandoned by her unwed mother with respondent No.2 on 19.07.2010. The said child has been declared as an abandoned child and legally free for adoption by the Child Welfare committee vide certificate Ex.R-1. Statement of PW1 coupled with the salary certificate Ex.P2 (colly.) depicts petitioner No.1 is working as an Associate Director with M/s. Pricewaterhouse Cooper Pvt.Ltd., Gurgaon and drawing gross salary of Rs.2,25,540/- per month, whereas, petitioner No.2 is working as School Teacher with The Shri Ram School, Gurgaon and she is drawing a monthly salary of Rs.36,566/-. Thus it can be inferred that petitioners are the persons of means and they are capable to maintain themselves as well as the child to be adopted and it will be in the welfare of the minor female child if the prayer of the petitioners is allowed.
9. Accordingly I allow the petition and grant permission to the petitioners to adopt minor female child Miss Sharmila Bhattacharya, originally named as Naviya (born on 04.07.2010) by petitioner No.1. Petitioner No.1 is directed to execute and register an Adoption deed and place an attested copy of the same on record of this court within three months from the date of this order. Necessary certificate be issued in favour of the petitioners.
File be consigned to record room.
Announced in open (RAKESH KAPOOR)
court on 11.02.2011. DISTRICT JUDGE-I
DELHI.
(HA-25/2011) (Page 4 of 4)