1 In the Court of Ms. Poonam A. Bamba, District and Sessions Judge : South East : Saket Court, New Delhi.In the matter of :G.P. No. 16/2016 Welfare Home for Children B1, Institutional Area, Sarita Vihar New Delhi110 044. Though its Social Worker Ms. Lata Nair .... Petitioner V E R S U S Ms. Elisabeth Clementina Josepha Jacobs R/o Wipstraat 47 AT 2590 Berlaar Belgium Through her attorney Ms. Nidhi Kataria, Adoption Officer Welfare Home for Children B1, Institutional Area, Sarita Vihar New Delhi110 044. .... Respondent Petition presented on : 05.12.2016 Arguments concluded on : 12.04.2017 Judgment Pronounced on : 12.04.2017 PETITION UNDER SECTION 59 (7) OF JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015, FOR ORDER OF ADOPTION WITH RESPECT TO THE MINOR CHILD 'NITIN' IN FAVOUR OF THE RESPONDENT. G.P. No. 16/16 WHC V. Elisabeth Clementina Josepha Jacobs Page 1 of 25 2 JUDGMENT
1.0 Vide their petition, Welfare Home for Children, B1, Institutional Area, Sarita Vihar, New Delhi, ("Petitioner Society" in short) through its social worker and authorized representative Ms. Lata Nair, prayed that the minor child 'Nitin' born on 09.05.2011 ("Child" in short) be given in adoption to the respondent Ms. Elisabeth Clementina Josepha Jacobs, as her son and that she be permitted to remove the minor child outside the jurisdiction of this Court for his upbringing to Belgium, where the respondent resides.
2.0 The petition has been filed by WHC being a Society, registered as a Charitable Organization running its Orphanage Homes for abandoned/destitute/ handicapped children. WHC is duly recognized by the Central Adoption Resource Authority (hereinafter referred to as "CARA"), Ministry of Women and Child Development, Govt. of India, as an agency for placing children in adoption i.e. as Specialized Adoption Agency ("SAA" in short) Ms. Lata Nair has been duly authorized by WHC, the petitioner society to sign, verify 3 and institute the petition under Section 59 (7) of Juvenile Justice (Care and Protection of Children) Act, 2015 ("JJ Act" in short).
3.0 The petitioner has submitted that a minor male child 'Nitin' born on 09.05.2011 was placed with the WHC. The petitioner desires to give the child in adoption to the respondent Ms. Elisabeth Clementina Josepha Jacobs, through her attorney Ms. Nidhi Kataria, Adoption officer, WHC.
4.0 It is submitted by the petitioner that on 09.05.2015, a minor male child 'Nitin' was found abandoned by the police officials of PS Amar Colony, who handed over the custody of the child to the petitioner society. The child was produced before the Child Welfare Committee, Kalkaji, who permitted the petitioner to continue to keep the child. The parents of the child did not come to claim him. Vide order dated 03.03.2016 in petitioner's application/Case no. 483/15, the Child Welfare Committee declared the child as an abandoned child and legally free for adoption, after due enquiries. On the basis of the medical examination, the date of birth of the child was determined as 09.05.2011.