Adharashram vs Raymond Micallef,Maltese And Anr ...
2017 Latest Caselaw 6074 Bom

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                                                                     903.FAP.40-17.doc


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   ORDINARY ORIGINAL CIVIL JURISDICTION
                                   AND
                IN ITS GENERAL AND INHERENT JURISDICTION

                 FOREIGN ADOPTION PETITION NO.40 OF 2017
                                 WITH
                      JUDGE'S ORDER NO.163 OF 2017
                                   IN
                 FOREIGN ADOPTION PETITION NO.40 OF 2017

Adharashram                                          ...Petitioner
          And 
1. Raymond Micallef, and
2. Georgina Micallef.                                ..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. This is a Foreign Adoption Petition filed by the

petitioner Adharashram, Nashik proposing the adoption of minor

male Raj born on 12.12.2015. He was surrendered by his

biological father with the consent of biological mother before the

Child Welfare Committee, Nashik (for short, 'C.W.C.") on

903.FAP.40-17.doc

16.09.2016. the child's safe custody was given to the Petitioner

institution Adharashram, Nashik as per the order of C.W.C.

Dated 16.09.2016 under section 36 (1) of Juvenile Justice (Care

and Protection of children) Act, 2015 (for short, 'Act'). The

Admission order and background information of the minor is at

pages 14-15 & 16.

3. C.W.C. has issued certificates of declaring the child

Legally Free for Adoption dated 21.11.2016 stating that "In

exercise of the powers vested in the C.W.C. under Section 41 (4)

of the Act, male minor Raj born on 12.12.2015, placed in the

care of the specialized adoption agency Adharashram, Nashik

vide order No. 22/2016 dated 21.11.2016 of this Committee, is

hereby declared legally free for adoption on the basis of Deed of

Surrender executed by the biological parents or legal guardian of

the children before this Committee on 16/09/2016. The

biological parents/legal guardian have been counseled and duly

informed of the effects of their consent and the adoption will

result in the termination of the legal relationship between the

child and his or her family of origin; and The biological

parents/legal guardian have given their consent freely, in the

required legal form, and the consents have not been induced by

903.FAP.40-17.doc

payment or compensation of any kind and the consent has been

given only after the birth of the child". The free for adoption

order is on record at page 13. The undertaking/affidavit by the

Petitioner is at pages 17-21.

4. The Central Adoption Resource Authority, New Delhi

(for short, 'C.A.R.A.') has issued their no-objection certificate

dated 14.06.2017 to this adoption as per Adoption Regulations

2017 and Article 17(c) of the Hague Convention on the Protection

of Children and Cooperation in respect of Inter-country Adoption

1993. The said no-objection certificate is at page 22. The

proposed adopters are Maltese Nationals, residing at Fgura,

Malta aged about 48 and 49 years respectively, have been

married for the last 5 years (16.06.2012) with no biological

children. The second proposed adopter was previously married

in the year 1995 and divorced on 16.02.2012 with no biological

children. The divorce decree is at pages 32-33. The passport

copies of the proposed adopters are at pages 24-25. Health

reports dated 17/07/2014 of the proposed adopters states that

"No medical problems that could affect his/her ability to be an

adoptive parent", are at pages 34-35. The latest health reports

and HIV test reports of the proposed adopters dated 31.7.2017

903.FAP.40-17.doc

are tendered in the Court today and same are taken on record

and marked 'X1 collectively', for identification.

5. The first proposed adopter is working as a Local and

Overseas Truck Driver with Fahrenheit Freight Forwarders Co.

Ltd., Malta since 15.06.2007 and his gross annual salary is

Euros 8,024.52 excluding any statutory bonuses and is paid an

additional annual traveling allowance of Euros 12,500 when

working abroad (pages 36-37). His wife is a Homemaker. The

Income Tax Certificates for A.Y. 2013, 2014 and 2015 are at pages

38-40. Employment history and financial statement is at pages

41-43. Child Care Management Plan by the proposed adopters is

at page 44. Home study report of the prospective adoptive

parents dated 04.05.2016 from the authorities of "Agenzija

Appogg Adoption Services, Malta" is at pages 45-57, which states

that "The couple have a stable relationship and they do their

best to keep their relationship strong. They are family oriented

and they both come from good families. The proposed adopters

have ample skills to bring up a child in a safe and happy

environment and also able to love and to make self sacrifices, if

the need arises, when bringing up their adopted child. In view of

the material gathered, the couple positive characteristics and in

903.FAP.40-17.doc

view of the information collected, there seems to be no concerns

on the couples capabilities, skills and parental capacity to adopt

a child born in 2014 or before".

6. The Approvals from the Ministry for the Family and

Social Solidarity, Malta is at pages 58-59. The guardianship

letter dated 04.05.2017 by the brother and sister-in-law of the

second proposed adopter to take care of the child in case of any

unforeseen mishap to the proposed adopters is at pages 65-66.

HIV report dated 20.06.2017 of the minor certifies the case as

'Negative' (Page 81). The post-card size photograph of the minor

is at page 82. The medical examination report of the proposed

minor Raj dated 02.02.2017 states that "Any Additional

comments: TSH test report dated 15/12/2016: 8.21 seen (normal

range 0.34-5.6) by Endocrinologist and started Eltroxin.

Hemoglobin Analysis shows Beta Thalassema Trait. Raj has age

appropriate development in all domains." The proposed adopters

have countersigned this report which is at pages 68-80.

7. The child name statement and declaration and

willingness by the proposed adopters are at pages 83-85.

Undertaking dated 04.05.2017 by the Authorized Foreign

903.FAP.40-17.doc

Adoption Agency "Agenzijatama", Malta is at page 86. General

Power of Attorney dated 03.05.2017 duly signed by the proposed

adopters in favour of the petitioner institution is at pages 87-89.

The Indian Specialized Adoption Agency (Adharashram, Nashik)

Certificate of Recognition to do in-country adoption from the

Maharashtra State Government is valid for a period up to

05.11.2020. The ICSW report dated 29.7.2017 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), (b) and (c). A Judge's Order is signed

separately. Order accordingly.

(R. G. KETKAR, J.)

Deshmane (PS)