Vatsalya Trust vs Naga Ravikanth Manchikanti And ... on 21 July, 2022

Source: indiankanoon.org

Publication date: 21 July 2022

Bombay High Court

Bench: B.P. Colabawalla

901-IAP-24-2022.doc

Digitally

signed by

GANESH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

GANESH SUBHASH

SUBHASH LOKHANDE

LOKHANDE Date: ORDINARY ORIGINAL CIVIL JURISDICTION

2022.07.21

17:10:21

+0530 AND

IN ITS GENERAL & INHERENT JURISDICTION

INDIAN ADOPTION PETITION NO. 24 OF 2022

WITH

JUDGES ORDER NO. 52 OF 2022

INDIAN ADOPTION PETITION NO. 24 OF 2022

Vatsalya Trust .. Petitioner

AND

Naga Ravikanth Manchikanti And Anr. .. Prospective

Adoptive Parents

Ms. Sangeeta A. Nagpal, for the Petitioner.

Mr. O. Hareendran, Scrutiny Officer, ICSW is present.

Ms. Shonali Dighe, Chamber Registrar is present.

CORAM:- B. P. COLABAWALLA,J.

DATE :- 21st JULY, 2022.

P. C.:

1. This Indian Adoption Petition is filed seeking the adoption of a male minor Neel, born on 22nd June, 2021 by Indian Nationals. The representation of the Indian Council of Social Welfare [ICSW] is also tendered before me and taken on record and marked "X" for identification.

Ganesh Lokhande page 1 of 8

901-IAP-24-2022.doc

2. The minor Neel was surrendered by his biological mother before the Child Welfare Committee [for short "CWC"], Mumbai Suburban District on 26th June, 2021. The custody of the said minor was given to the Petitioner Institution on the same day. On 2 nd July, 2021, the CWC recognised that admission under the provisions of Juvenile Justice (Care Protection of Children) Act, 2015. The Safe Custody Order of the CWC is on record at page No. 118.

3. After making due inquiry under section 38 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016) the Child Welfare Committee, Mankhurd, Dist. Mumbai declared the minor Neel "Legally Free for Adoption" on 06/09/2021. The Free for adoption Certificate is on record at page No. 116-117.

4. The prospective adoptive parents are Indian Nationals, residing at Pune aged about 41 and 37 years respectively. They have been married for the past 12 years (14/03/2010) with no biological children.

5. The Motivation Letter from the Prospective Adoptive Parents is on record at page No. 95.

Ganesh Lokhande page 2 of 8

901-IAP-24-2022.doc

6. The Affidavit of the Specialized Adoption Agency

(Petitioner) is on record at page Nos. 129-134.

7. The Decision of the Adoption Committee dated 25/02/2022 is on record at page No. 110 and it states that the prospective adoptive parents are considered suitable to adopt the child Neel born on 22/06/2021.

8. The Medical report of the prospective adoptive parents dated 16/12/2021 is on record and it states "Both are found physically and mentally fit". Their HIV and HbsAg Test report certifies the case as Negative. These reports can be found at page Nos. 36 to 46.

9. The prospective adoptive father is working as the Deputy General Manager with Skoda Auto Volkswagen India Private Limited, Pune and his monthly (January-2022) gross salary is Rs. 3,24,207/-. His Employment Certificate, Payslip and Income Tax returns are on record at page Nos. 51-71. The prospective adoptive mother is a Home maker.

Ganesh Lokhande page 3 of 8

901-IAP-24-2022.doc

10. The Proof of Residence (Leave and License Agreement), copies of Aadhar and Pan Card and supportive financial documents are on record at page Nos. 47-50, 24-25, 28-29 & 72-76 respectively.

11. The home study report Part I: Self Assessment Report by the Prospective Adoptive Parents is on record at page Nos. 77 to 84.

12. The Home Study Report Part II: Assessment Report dated 21/02/2022 of the Social Worker of Bharatiya Samaj Seva Kendra, Pune is on record and the report has found the prospective adoptive parents suitable for adopting a male child from the age group of 0 to 2 years. This report can be found at pages 85-93.

13. The child security undertaking dated 02/03/2022 by the prospective adoptive father's sister and brother-in-law residing at RR District, Telangana to look after the minor in case of any mishap to the Prospective adoptive parents is on record at page Nos. 96-99.

14. The pre-adoption foster care Affidavit dated 03/03/2022 is on record at page Nos. 120-123.

Ganesh Lokhande page 4 of 8

901-IAP-24-2022.doc

15. The Medical Examination Report of the minor dated 29/01/2022 is on record at pages 103 to 109 and it states that his overall development is normal. The prospective adoptive parents have countersigned the said Medical Examination Report.

16. The HIV report of the minor is tendered before me today and taken on record and marked "X-1" for identification. The report dated 8th January, 2022 certifies the minor's case as negative.

17. The Post Card Size Photograph of the minor is on record at page No. 125 -a.

18. As regards the change of name, the prospective adoptive parents desire that the minor 'Neel' be renamed as "Nirath Manchikanti". It is accordingly so ordered.

19. The Declaration of consent, willingness and undertaking by the prospective adoptive parents is on record and it states that they are willing to be appointed and declared the adoptive parents of the minor Neel born on 22/06/2021. This declaration is at page Nos. 124-125.

Ganesh Lokhande page 5 of 8

901-IAP-24-2022.doc

20. The undertaking dated 11/02/2022 from another

Specialized Adoption Agency "Bharatiya Samaj Seva Kendra", Pune for furnishing post adoption follow-up reports is on record at page No. 127.

21. The Petitioner institution's recognition from the Women & Child Development, Maharashtra State to place children in adoption is valid for a period up to 05/07/2025.

22. The learned counsel appearing on behalf of the Petitioner has stated before me that she has instructions from the Prospective Adoptive Parents to make a statement that they shall invest Rs.2,00,000/- (Rupees Two Lakhs Only) in LIC's Single Premium Endowment Policy in the name of the minor till he attains the age of majority. The Prospective Adoptive Parents have further agreed to handover the investment receipts to the Adoptive Child on him becoming a major. The said statements are accepted as undertakings given to this Court.

23. Looking at 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 he is adopted by the Proposed Adopters. I therefore do not find any impediment in granting the reliefs sought for in the Petition.

Ganesh Lokhande page 6 of 8

901-IAP-24-2022.doc

24. In view of the forgoing discussion, the Petition is allowed in terms of prayer Clauses (a) to (e), which reads thus:

"(a) For adoption of the proposed male minor Baba Neel @ Nirath Manchikanti born on 22nd June, 2021 by the proposed adopters under Juvenile Justice Act, 2015.

(b) For declaring the proposed adopters as Adoptive Parents of the said minor and shall have all parental rights, privileges and responsibilities over the said minor Baba Nirath Manchikanti.

(d) That the concerned Municipal Authority/Birth Certificate issuing Authority may be directed to issue Birth Certificate in the name of the said minor Nirath Manchikanti, born on 22nd June, 2021 and stating thereon that the Prospective Adoptive Parents are the Parents of the said minor.

(e) That the Prospective Adoptive Parents may be granted leave to remove the said minor from the jurisdiction of this Hon'ble Court and to take the said minor out of the jurisdiction of this Hon'ble Court whenever required."

25. The Judges Order is also separately signed.

Ganesh Lokhande page 7 of 8

901-IAP-24-2022.doc

26. It is directed that the Petitioner institution shall obtain a further undertaking from the Adoptive Parents that they shall not give the minor for further adoption without the prior leave of this Court. Once this undertaking is obtained, a copy of the same shall be filed on the record of this Court.

27. The Indian Adoption Petition is accordingly disposed of. No order as to costs.

28. This order will be digitally signed by the Personal Assistant of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order.

( B. P. COLABAWALLA, J. )

Ganesh Lokhande page 8 of 8

Countries: India