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901.IAP-11-17.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
AND
IN ITS GENERAL AND INHERENT JURISDICTION
INDIAN ADOPTION PETITION NO. 11 OF 2017
WITH
JUDGE'S ORDER NO.171 OF 2017
IN
INDIAN ADOPTION PETITION NO. 11 OF 2017
M.S.W.C. Asha Sadan Balgruh ...Petitioner
And
Ms.Anjali Ashok Khare ..Co-petitioner/
Proposed adopter
....
Ms. Dipal Charandas Sanjanwal A. Mehta, Advocate for the
Petitioner.
Mr.O. Hareendran, Scrutiny Officer, Indian Council of Social
Welfare, is present in person.
....
CORAM : R. G. KETKAR, J.
DATE : 16th AUGUST, 2017
(In Chambers)
P.C.
1. Heard Ms.Dipal Mehta, learned counsel for the
petitioner and Mr.O. Hareendran, Scrutiny Officer of Indian Council of Social Welfare (for short, ICSW), at length.
2. The co-petitioner / proposed adopter Ms.Anjali Ashok Khare along with male minor Suraj @ Shrirang Anjali Khare is 1/6 ::: Uploaded on - 19/08/2017 ::: Downloaded on - 28/08/2018 16:00:00 ::: 2
901.IAP-11-17.doc also present in the Chambers.
3. This is an Indian Adoption Petition filed by the petitioner M.S.W.C. Asha Sadan Balgruh inter alia praying for appointment of co-petitioner Ms.Anjali Ashok Khare as adoptive parent of male minor Suraj @ Shrirang Anjali Khare in the care of M.S.W.C. Asha Sadan Balgruh, Asha Sadan Marg, Umerkhadi, Mumbai - 400 009, amongst other prayers.
4. The male minor Suraj was born on or about 15.12.2013. He was found abandoned by the CST Railway Police on 22.10.2016. He was produced before the Child Welfare Committee, Mumbai City (for short, 'C.W.C.') on 24.10.2016 under section 31 of Juvenile Justice (Care and Protection of Children) Act, 2015 (for short, 'Act'). Safe custody was given to the petitioner institution vide order dated 24.10.2016 (Page 17). C.W.C. has issued a certificate on 5.6.2017 declaring child is legally free for adoption stating therein that the committee hereby declares the child legally free for adoption and committed to be in the care of MSSC Asha Sadan, Mumbai under section 39 (3) on the basis of the inquiry report of Social Worker. Age verification was done on 15.12.2016. Declaration was submitted 2/6 ::: Uploaded on - 19/08/2017 ::: Downloaded on - 28/08/2018 16:00:00 ::: 3
901.IAP-11-17.doc by District Women and Child Development (DWCD) on 09.05.2017. Photograph of minor child Suraj was published in Samna newspaper on 24.12.2016 and in Sakal newspaper on 18.01.2017. His photograph was telecast on 09.01.2017 over Sahyadri Channel at 22.25 hours and Child Line submitted final report on 14.03.2017. CST Railway police submitted final report on 10.04.2017. C.W.C. also issued a commitment order dated 05.06.2017 under section 39 (3) of the Act for a period of one year and case to be reviewed after one year.
5. The proposed co-petitioner is a spinster of Indian National aged about 44 years with no biological children. She is residing at Kothurd, Pune. The motivation letter from the co- petitioner is at page 22. The decision of Adoption Committee dated 23.06.2017 is at pages 15-16. Affidavit by the Chief Functionary of the Specialized Adoption Agency (Petitioner) is at pages 104-108. The health report of the co-petitioner dated 19.06.2017 states that "Health of the parent does not disqualify her in parenting a child in anyway". Her HIV I & II and Hepatitis B Surface antigen test report certifies the case as "negative". The co-petitioner is working as a Professor in Marathi with Shree Siddhivinayak Mahila Mahavidyalaya, Pune since 3/6 ::: Uploaded on - 19/08/2017 ::: Downloaded on - 28/08/2018 16:00:00 ::: 4
901.IAP-11-17.doc June 2005. Her gross salary is Rs.43,824/-. The tax returns for the Assessment years 2017-18, 2016-17 and 2015-16 of the co- petitioner are at pages 38-44. Her proof of residence, bank reference and Aadhaar card are also at pages 30-32 and 49-55. The child care plan letter from the prospective adoptive mother is at pages 60-61. Home study report part II : Assessment Report of the Social Worker of Society of Friends of the Sassoon Hospitals, Pune (SOFOSH) (date of home visit 19.04.2016 is at pages 62-71 and it states "The prospective adoptive mother is caring and a responsible woman. She has a successful career and financial stability and has positive outlook on adopting a child. She had met with one auto accident in 2012 and is undergoing treatment. She has overall support from her sister, parents and friends in her decision to adopt a child. She does not seem to have any unrealistic expectations for the child. She is willing to adopt a male child between the age group of 2-4 years". Home Study report Part 1 : self assessment by the proposed adopter is at pages 72-77. Child Security undertaking dated 05.07.2017 by the cousin brother and sister-in-law of the proposed adopter to look after the minor in case of any mishap to the proposed adopter is also placed on record at pages 98- 4/6 ::: Uploaded on - 19/08/2017 ::: Downloaded on - 28/08/2018 16:00:00 ::: 5
901.IAP-11-17.doc
102. The father figure letter from the proposed adopter's father and brother-in-law is at page 33. Postcard size photograph of the family and minor is placed on record at pages 50-51.
6. Medical examination of the proposed minor Suraj dated 08.03.2017 is on record and it states that "normal mental development for age. He is a normal, healthy child". The proposed adopter has countersigned the said report (Pages 88-
92). His psychological test report dated 18.02.2017 is on record and it states "on the basis of Vineland Social Maturity Scale, Suraj gains a Social Quotient of 120 to 125 points which places him in Superior level of social functioning. The child is currently performing very well and should have no problem in future". The proposed adopter has countersigned said report (Pages 93-95).
7. The HIV report of the minor dated 17.02.2017 certifies the case as 'Non-Reactive' (Page 96). Joint consent and willingness by the proposed adopter is on record at page 34. Pre- Adoption Foster Care affidavit dated 30/06/2017 is placed on record at pages 35-37. Undertaking to send follow-up report by the authorities of Society of Friends of the Sassoon Hospitals 5/6 ::: Uploaded on - 19/08/2017 ::: Downloaded on - 28/08/2018 16:00:00 ::: 6
901.IAP-11-17.doc (SOFOSH), Pune is placed on record at page 97. The co- petitioner is taking care of minor child Suraj from 17.7.2017 as if he was her own son. Indian Specialized Adoption Agency (M.S.W.C. Asha SadanBalgruhs, Mumbai) recognition from the Women & Child Development, Maharashtra State to place children in adoption is valid for a period up to 31.12.2018. The ICSW report submitted by Mr.O. Hareendran, Scrutiny Officer, is taken on record and marked 'X' for identification.
8. In view thereof, the Petition is allowed in terms of prayer clauses (a) to (e). A Judge's Order is signed separately. Order accordingly.
(R. G. KETKAR, J.) Deshmane (PS) 6/6 ::: Uploaded on - 19/08/2017 ::: Downloaded on - 28/08/2018 16:00:00 :::