Delhi District Court
Mr. K. Krishnan vs Indian Council For Child Welfare on 30 July, 2010
IN THE COURT OF SHRI G.P.MITTAL; DISTRICT
JUDGE-I: DELHI.
HINDU ADOPTION CASE NO. 81/2010
UNIQUE ID NO.0240IC0227052010
IN THE MATTER OF:
1. Mr. K. Krishnan
S/o Shri K. Kannan
2. Mrs. Arathi Krishnan
W/o Mr. K. Krishnan
Both residents of
R/o 16/2, IInd Floor, Kalkaji,
New Delhi-110 019.
..... 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 :28.05.10
Date on which judgment was reserved :29.07.10
Date of pronouncement of judgment :30.07.10
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 Ananya Krishnan, originally named Miss Heena (born on 18.02.2010) in adoption to petitioner No.1 as a daughter. It has (HA-81/10) (Page 1 of 4) been disclosed in the petition that petitioners are Hindus by religion and faith. They were married on 08.11.2002 as per Hindu rites and customs. No child has been born to them out of their wedlock and as per medical reports, the chances of their having any child of their own are remote. It is stated that petitioners, being very fond of children, are keen and desirous of adopting the minor female child Miss Ananya Krishnan, originally named Miss Heena (born on 18.02.2010) who was abandoned by her unwed mother with Missionaries of Charity at Delhi on 18.02.2010. Child Welfare Committee, Delhi, vide its order dated 26.02.2010, has declared the minor child legally free for adoption. Interim custody of the minor was handed over to petitioner No.1 & his wife on 28.05.2010 and since then she is being brought up by them as a Hindu. Prayer has been made that the petitioner No.1 may be permitted to give the minor child in adoption to himself 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 K. Krishnan 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 certificate of infertility and their health along with medical reports as Ex.P1 (colly.); his pay slip alongwith IT returns, marriage & school certificates, property documents and letters of references, 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.
(HA-81/10) (Page 2 of 4)
4- Petitioner No.2 Mrs. Arathi Krishnan tendered her
evidence vide affidavit Ex.PW2/A. She testified having given her consent to her husband to adopt the child in question as 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 proved on record the documents i.e. a abandonment certificate issued by the Child Welfare Committee, declaring the minor child as legally free for adoption, as Ex.R-1; 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.
(HA-81/10) (Page 3 of 4)
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 08.11.2002. Statement of RW1, coupled with Child Study Report Ex.R-2 depicts that minor female child Miss Ananya Krishnan, originally named Miss Heena (born on 18.02.2010) was relinquished by her unwed mother with Missionaries of Charity at Delhi on 18.02.2010. Vide certificate Ex.R-1, Child Welfare Committee, Delhi has declared the minor child to be legally free for adoption. As per pay slip Ex.P2 (colly.) petitioner No.1 is employed as Deputy General Manager with Sify Technologies Limited and drawing a gross salary of Rs.1,05,244/- per month. Thus it can be said that petitioner No.1 is a person of means; he is capable to maintain himself, his wife (petitioner No.2) as well as the child to be adopted and it will be in the welfare of the child if the prayer of the petitioners is allowed.
9. Accordingly I allow the petition and grant permission to petitioner No.1 to give minor female child Miss Ananya Krishnan, originally named Miss Heena (born on 18.02.2010) in adoption to himself. 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 (G.P.MITTAL)
court on 30.07.2010. DISTRICT JUDGE-I
DELHI.
(HA-81/10) (Page 4 of 4)