IN THE COURT OF SHRI RAKESH KAPOOR DISTRICT JUDGE-I : DELHIGUARDIANSHIP CASE No. 22/2011Unique I.D No.02401C0033642011IN THE MATTER OF:1. Mr. Biswanand Changoe2. Mrs. Raathna Indra Kamaansingh Both residents of 2911 RE Nieuwerkerk a.d.lJssel The Netherlands Through their Attorney: Ms. Loraine Campos Adoption Officer, Delhi Council for Child Welfare, Qudsia Garden, Civil Lines, Delhi. .... Petitioners. Versus1. Indian Council for Child Welfare, 4, Deen Dayal Upadhyay Marg, New Delhi - 110 002.2. Delhi Council for Child Welfare, Qudsia Garden, Civil Lines, Delhi. .....Respondents.Date of institution of petition :22.01.11Date on which order was reserved :14.02.11Date of pronouncement of judgment::14.02.11 J U D G M E N T:
The case of the petitioners as disclosed in the petition is that petitioners are Dutch Nationals. They were married on 26.08.1994. Due to medical reasons, they could not have any biological child of their own. They are very fond of children. They have already adopted Miss Vaishnovi Teena from India, who is twin sister of the minor child Miss (G.P.22/2011) ( page 1 of 5) Reena and they think that Reena is a part of their family. It is stated that minor child Miss Reena was not placed with the petitioners by Church of North India, New Delhi because they wanted to wait and watch on her development. As such, the petitioners have expressed their willingness to be appointed as joint guardians of minor female child Miss Reena with permission to adopt her according to local laws of their country.
2. It is stated that minor female child namely Miss Reena (born on 17.06.2004) was relinquished/ left by her parents through a document of surrender duly signed by them in favour of Church of North India, Shishu Sangopan Griha, New Delhi on 25.06.2004. Care and custody of the said minor child was transferred to respondent no.2 institution on 04.09.2009 vide order dated 03.09.3009 passed by the Child Welfare Committee, New Delhi for placing the child in adoption. Co-ordinating Voluntary Adoption Resource Agency (CVARA) and Central Adoption Resource Authority (CARA) have given clearance/ no objection for inter country adoption of the child. The petitioners, through their Attorney Ms. Loraine Campos have moved the present petition under Sections 7 & 26 of the Guardians & Wards Act, 1890 praying that they be appointed as the guardians of the minor female child namely Reena and they be permitted to remove the minor child outside the jurisdiction of this court for her eventual adoption according to local laws of their country. 3- Notice of the petition was issued to the respondents and citation was also affixed on the Notice Board of the Court House. Both the respondents have filed their respective replies stating therein that they have no objection if the petition is allowed.
4- In support of the petition, Ms. Loraine Campos, Attorney of petitioners proved Power of Attorney executed by the petitioners in her favour as Ex.P1. She tendered her evidence vide affidavit Ex.PW1/A wherein she reaffirmed the averments made in the petition. She has placed & proved on record home study report as Ex.P2; employment certificates of the petitioners as Ex.P3 & P4; their Financial declaration as Ex.P5; sterility certificate as Ex.P6; declaration of their health as Ex.P7; marriage certificate as Ex.P8; sponsoring agency letter, issued by Wereldkinderen, The Netherlands as Ex.P9; photographs of the (G.P.22/2011) ( page 2 of 5) petitioner alongwith their earlier adopted child as Ex.P10; proof of naturalization of their earlier adopted child as Ex.P11; child approval as Ex.P12; declaration of willingness as Ex.P13; and progress reports of their earlier adopted child as Ex.P14.
5- Ms. Tarini Bahadur, Secretary, Delhi Council for Child Welfare, has tendered her evidence vide affidavit Ex.RW1/A. She placed and proved on record Child Study Report as Ex.R-1; Photograph of the minor as Ex.R-2; Clearance Certificate for placement of the minor child in inter-country adoption, issued by CVARA as Ex.R-3; No Objection certificate issued by CARA as Ex.R-4 and certificate of abandonment issued by Child Welfare Committee, New Delhi as Ex.R5. She testified that minor female child namely Reena was relinquished/ left by her parents through a document of surrender duly signed by them in favour of Church of North India, Shishu Sangopan Griha, New Delhi on 25.06.2004. Care and custody of the said minor child was transferred to respondent no.2 institution on 04.09.2009 vide order dated 03.09.3009 passed by the Child Welfare Committee, New Delhi for placing the child in adoption. The child was declared to be abandoned child and legally free for adoption by the Child Welfare Committee. No Indian family living in India or abroad is willing to take the minor child as the child is suffering from spasticity, cerebral palsy with myoclonic seizure disorder, autism, speech disorder and cortical blindness. She also testified that their institution has no objection if the petition is allowed. 6- I have heard the learned counsel for the petitioners and have gone through the records carefully.
