Bombay High Court
Sandhi Niketan Shikshan Sanstha vs Daniel Weber, American And ... on 16 August, 2017
Bench: Rajesh G. Ketkar
1
905.FAP.42-17.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
AND
IN ITS GENERAL AND INHERENT JURISDICTION
FOREIGN ADOPTION PETITION NO. 42 OF 2017
WITH
JUDGE'S ORDER NO.174 OF 2017
IN
FOREIGN ADOPTION PETITION NO. 42 OF 2017
Sandhi Niketan Shikshan Sanstha ...Petitioner
And
1. Daniel Weber, &
2. Karenjit Kaur Weber. ..Proposed adopters
....
Mr. Rakesh Kapoor, 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 Mr.Rakesh Kapoor, learned counsel for the
petitioner and Mr.O. Hareendran, Scrutiny Officer of Indian
Council of Social Welfare (for short, ICSW), at length.
2. The proposed adopters Daniel Weber and Karenjit Kaur
Weber along with female minor Nisha Kaur Weber are present in
Chambers.
905.FAP.42-17.doc
3. This is a Foreign Adoption Petition filed by the petitioner
Sandhi Niketan Shikshan Sanstha proposing adoption of the
female minor Nisha Kaur Weber born on 14.10.2015. The
biological mother had relinquished her daughter before the Child
Welfare Committee, Latur (for short, 'C.W.C.') on the same day.
The safe custody was given to the petitioner institution Sandhi
Niketan Shikshan Sanstha, Shishugrih, Udgir, Latur as per the
order of C.W.C. Dated 15.10.2015 under the provisions of
Juvenile Justice (Care and Protection of Children) Act, 2000 (for
short, 'Act'). Admission order dated 15.10.2015 is on record at
pages 14A.
4. C.W.C. has issued a Destitute Declaration for
rehabilitation/adoption dated 17.03.2016 stating that the child
was surrendered by mother on 14.10.2015. After the surrender
of the child and after completion of 60 days, the mother has
confirmed her intention to surrender the child permanently.
Thereafter mother of the child and any one biological or other
relative have not approached and come forward for raising any
objection about the surrender or to show readiness or willingness
for accepting responsibility of the child. Till date no one has
approached either to institution or C.W.C. and as no one is ready
905.FAP.42-17.doc
to take responsibility of the child, there is no other source or
choice except for proceeding for rehabilitation of the child. In
view of the circumstances and record, the child is in real sense a
destitute. Hence the child deserves to be declared as such. In
these circumstances it is necessary in the interest and welfare of
the child to declare the child to be a destitute child. Accordingly,
C.W.C. declared the child "Nisha" to be a destitute child and free
for rehabilitation and/or adoption". The free for adoption order is
at page 14. The undertaking/affidavit from the petitioner is on
record at pages 15-21.
5. The Central Adoption Resource Authority, New Delhi
(for short, 'C.A.R.A.') has issued no objection certificate dated
13.07.2017 to this adoption as per adoption Regulations 2017,
which is at page 22. The proposed adopters are American
nationals (second proposed adopter is an Indian origin) both
residing at Mumbai, India, aged about 39 and 36 years
respectively have been married for the last 6 years (09.04.2011)
with no biological children. Self motivation letter is at page-28.
The first proposed adopter was married earlier in 2002 and was
divorced on 28.10.2009. The divorce decree is tendered in the
Court today and same is taken on record and marked 'X1' for
905.FAP.42-17.doc
identification. Passport copies of the proposed adopters are at
pages 24-25. Health report of the first proposed adopter dated
24.07.2017 states that "Do not suffer from any chronic,
contagious or fatal disease and they are fit to adopt. Their HIV I
& HIV II and HBsAG test reports certify the case as Non-
Reactive" (Pages 29-32). The prospective adoptive father is self
employed (owner of Suncity Entertainment since 2008) and his
adjusted gross income for the year 2015 was US$ 9,84,113. The
prospective adoptive mother is an Actress in films and television-
shows and her income during the year 2016-17 was
Rs.4,23,65,600/-. The U.S. Individual Income Tax Return 2013,
2014 and 2015 of the proposed adopters and Indian Income Tax
Return for the Assessment Years 2014-15, 2015-16 and 2016-17
of the second proposed adopter is at pages 36-39B. The bank
certificate and proof of residence are at pages 40-45S. The child
care plan by the proposed adopters is at page 45-I. The Self
Assessment Report (Part-I) by the prospective adoptive parents as
per Adoption Regulations has been submitted and is at pages 46-
53 and there is also a factual assessment report of the Social
Worker (Part-II) by the authorities of St. Catherine's Home,
Andheri, Mumbai (Home visit done 31-05-2016) is at pages 54-59
905.FAP.42-17.doc
and it states that "The proposed adopters lead a happy married
life. The couple is very social and enjoy meeting with relatives
and friends and are very fond of children. They belong to the well
educated and cultured family and share strong bond of love with
them. Financially they are in good position to take care of the
adopted child. They are physically, mentally and emotionally fit
to adopt a child. The Social Worker observed that the couple is
very committed and straightforward in their views and will bring
up the child well and with lots of love, care and attention".
The Police Clearance Certificate dated 11.03.2016 from the
Section Officer, Home Department, Government of Maharashtra
is at pages 64-65. The approval/undertaking dated July 20, 2016
from Embassy of the United States of America is at page 87. The
child security undertaking dated 28.06.2017 from the brother of
the second proposed adopter to look after the proposed minor in
case of any short term or long term issues is at pages 66-67.
H.I.V. report of the proposed minor dated 03.07.2017 is at page-
79 and it certifies the case as 'Negative'. The post card size
photograph of the minor is at page-82. Medical examination
report of minor child Nisha dated 10.08.2016 is at pages 71-77
stating as "Normal for her age". The proposed adopters have
905.FAP.42-17.doc
countersigned this report and also given a separate child
acceptance letter at page 78. Pre-adoption foster care
undertaking dated 10.07.2017 is at pages 85-86. Undertaking by
the proposed adopters is at pages 83-84.
Undertaking dated 29.07.2017 to send progress report of the
minor child by the authorities of "St. Catherine's Home",
Andheri, Mumbai is at page 84A. Copy of the Special Power of
Attorney dated 26.07.2017 is at pages 88-90. Indian Placement
Agency (Sandhi Niketan Shikshan Sanstha, Udgir, Latur) is
recognized by the State Government to place the children in
adoption and its recognition is valid for a period up to 11.01.2019.
The ICSW report dated 12.8.2017 submitted by Mr.O.
Hareendran, Scrutiny Officer, is taken on record and marked 'X'
for identification.
6. In view thereof, the Petition is allowed in terms of prayer
clauses (a), (b) and (c). A Judge's Order is signed separately.
Order accordingly.
(R. G. KETKAR, J.)
Deshmane (PS)
