Bombay High Court
Swti, Bal Vikas Shishu Bhavan, Malad vs Shekhar Dilip Erande And Shweta Shekhar ... on 4 October, 2019
Author: B.P. Colabawalla
Bench: B.P.Colabawalla
2. IAP.57.2019.doc
Ladda
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INDIAN ADOPTION PETITION NO.57 OF 2019
WITH
JUDGE'S ORDER NO.181 OF 2019
SWTI, Bal Vikas Shishu Bhavan, Malad (E) .. Petitioner.
Vs.
1) Shekhar Dilip Erande .. Proposed Adopters.
2) Shweta Shekhar Erande
Ms. Lalita Jaya Raj for the Petitioner.
Mr. O.Hareendran, Scrutiny Offcer of ICSW present.
CORAM : B.P.COLABAWALLA, J.
DATED : OCTOBER 4, 2019
P.C.
1. This Indian Adoption Petition is for the adoption of a female minor Saranya, born on 03.05.2019. The biological mother surrendered her child before the Child Welfare Committee, Mumbai Suburban District, Mumbai on 17.05.2019 and the child's safe custody was given to the Petitioner Institution Bal Vikas, Mumbai as per the Safe Custody Order of Child Welfare Committee, Mumbai Suburban District dated 17.05.2019 under Section 36 of the Juvenile Justice (Care and Protection of Children) Act, 2015 read with Rules 18 (5), Page No. 1 of 8
2. IAP.57.2019.doc 18(9) (26) of the Model J. J. Rules, 2016. The said safe custody order is on record at page No.24. The representation of the Indian Council of Social Welfare (ICSW) is also tendered before me and is taken on record and marked "X" for identifcation.
2. After making due inquiry under section 38 of Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016), the Child Welfare Committee, Mumbai Suburban District declared the proposed minor Saranya "Legally Free of Adoption" as on 19.07.2019. The Free for adoption Certifcate is on record at page No. 25.
3. The prospective adoptive parents are Indian Nationals residing at Kothrud, Pune aged about 40 and 36 years respectively. They have been married for the past 11 years (26/11/2007) with no biological children.
4. The Motivation Letter by the Prospective Adoptive Parents is on record and it states that to be a cause to bring new life to this wonderful world this motto helped them to make a decision on adopting a girl child. They are unable to have children biologically, so they decided to adopt a child to complete their family. The said Motivation Letter can be found at page No.9 of the paper book. Page No. 2 of 8
2. IAP.57.2019.doc
5. The Decision of the Adoption Committee dated 26/08/2019 is on record and it states that the prospective adoptive parents are considered suitable to adopt a female child SARANYA born on 03/05/2019. The said decision of the Adoption Committee can be found at page Nos. 22 and 23 of the paper book.
6. The Affdavit of the Specialized Adoption Agency (Petitioner) in support of adoption of the proposed minor is on record at page Nos.14 to 17.
7. The Medical Report of the frst proposed adopter dated 24/08/2019 is on record and it states that the prospective adoptive parents are physically and mentally ft to adopt a child. Their HIV 1 & 2 and HbsAG test reports certifes the case as Non-Reactive. The said reports can be found at page Nos.116 to 125.
8. The prospective adoptive father is working as a Director- Sales & Support with Sigma TEK Systems India (P) Ltd., Pune since 1 st April, 2016 and his monthly ( July-2019) gross salary is Rs. 2,97,562/-. His Employment Certifcate, appointment Letter, Salary Certifcate and Salary Slips are also on record at page Nos. 27 to 36 and 40 to 42 respectively. The prospective adoptive mother is working as a Senior Engineer- Technical Writing with FIS Solutions Page No. 3 of 8
2. IAP.57.2019.doc (India) Private Limited, Pune since 7 th December 2015 and her monthly (July-2019) gross salary is Rs.99,845/-. Her Employment Certifcate and Salary Certifcate are on record at page Nos. 37, 32, 33 and 43 to 45 respectively.
9. The Income Tax Returns for the Assessment year 2018-19 of the prospective adoptive parents are also on record at page Nos.49 to 69 respectively.
10. Copy of PAN cards, Bank Reference, and proof of property and copies of Aadhar cards are also on record and can be found at page Nos.70 to 75.
11. A child care arrangement plan from the proposed adopters is on record and can be found at page Nos. 76 to 79.
12. The Home Study Report Part I: Self-assessment dated 20/06/2017 and 29/08/2019 by the proposed adopters is on record at page Nos.89 to 96 and 105 to 110 respectively.
13. The Home Study Report Part II: Assessment Report by the Social Worker of Bharatiya Samaj Seva Kendra, Pune (Home visit done on 31/07/2017 & 29/08/2019) is on record and it states that Page No. 4 of 8
2. IAP.57.2019.doc the proposed Adopters are happily married for the past 11 years. They are well educated and fnancially sound. They are emotionally equipped to take care of a child. After assessment, the Social Worker recommended that a female child upto 2 years can be placed in adoption with the prospective adoptive parents. This part II Assessment Report can be found at page No. 97 to 104 of the paper book.
14. A child security undertaking dated 27/08/2019 by the brother and sister-in-law of the prospective adoptive mother residing at Pune to look after the proposed minor in case of any mishap to the Proposed Adopters is on record and can be found at page Nos. 83 and 84 respectively.
15. Photograph of the adoptive family is at page No. 85 and that of the minor is at page No. 86 respectively.
16. Medical Examination of the proposed minor dated 20/07/2019 is on record and it states, "overall observations about the child: Healthy Infant." The proposed adopters have countersigned the said report which is at page Nos.129 to 137. The HIV test report of the minor dated 13/07/2019 certifes the case as Negative and the said report can be found at page No.138.
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17. The Joint consent and willingness by the prospective adoptive parents are on record and it states that they are willing to be appointed or declared adoptive parents of female minor Saranya. The said joint consent and willingness is at page Nos. 113 to 114.
18. The Pre-adoption foster care undertaking dated 06/09/2019 is on record and it states that the proposed minor Saranya born on 03/05/2019 is in the foster care of the prospective adoptive parents from 06/09/2019. The said undertaking can be found at page Nos.114A and 115.
19. As regards the change of name, the prospective adoptive parents desire that the minor 'Saranya' be renamed as "Kavya Shekhar Erande". It is accordingly so ordered.
20. The undertaking dated 30/08/2019 of Bharatiya Samaj Seva Kendra, Pune for furnishing post adoption follow-up reports is also on record at page No. 111.
21. The Petitioner institution's recognition from the Women & Child Development, Government of Maharashtra to place children in adoption is valid for a period up to 31.3.2020. Page No. 6 of 8
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22. Though the proposed adoptive parents are not present before me, the learned Advocate appearing on behalf of the petitioner has stated that she has instructions on behalf of the proposed adoptive parents to state that they shall create a Fixed Deposit in the sum of Rs. Two Lakhs (Rupees Two Lakhs) in the name of the minor until she attains majority. The said statement made on behalf of the proposed adoptive parents is accepted as an undertaking given to this Court.
23. Looking to all the documents that have been placed before me and after perusing the record, I think it would be in the interest of the child if she is adopted by the proposed adopters. I, therefore, fnd no impediment in granting the reliefs sought for in the Petition.
24. In view of the aforesaid discussion, the petition is allowed in terms of prayer clauses (a) and (b) which read thus :-
"a) This Hon'ble Court may be pleased to appoint the adopters as adoptive parents of the person of a female minor SARANYA @ KAVYA SHEKHAR ERANDE now in the care and custody of the Petitioner: SWTI Bal Vikas, Shishu Bhavan, Malad(E), Mumbai 400 097; and
b) That the Petitioner/Adopters be granted leave to apply to the Municipal Authorities to issue within fve working days of application a Birth Certifcate of the minor SARANYA @ KAVYA SHEKHAR ERANDE showing the frst adopter SHEKHAR DILIP ERANDE as Page No. 7 of 8
2. IAP.57.2019.doc the adoptive father and his wife the second adopter SHWETA SHEKHAR as the adoptive mother respectively;"
25. The Judge's order is also separately signed.
26. It is directed that the petitioner institution shall obtain a further undertaking from the adoptive parents that they shall not give the minor child for further adoption, without the prior leave of this Court. Once this undertaking is obtained, a copy of the same shall be fled on the record of this Court.
27. The Adoption Petition is accordingly disposed of.
(B.P. COLABAWALLA,J)
****
Digitally signed
by Radhakishan
Radhakishan S. Ladda
S. Ladda Date: 2019.10.04
18:49:18 +0530
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