Orissa High Court
Specialized Adoption Agency ... vs Family Court Judge on 2 May, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 3692 of 2022
Specialized Adoption Agency (SAA), ..... Petitioners
Jajpur and others
Miss Deepali Mahapatra, Advocate
-versus-
Family Court Judge, Family Court, .... Opp. Party
Jajpur
Mr. S.N.Mishra,
Additional Government Advocate
CORAM:
JUSTICE K.R. MOHAPATRA
ORDER
Order No. 02.05.2022
2. 1. This matter is taken up through Hybrid mode.
2. Petitioners being Government registered Specialized
Adoption Agency (SAA) and its functionaries and the
Prospective Adoptive Parents (for convenience 'PAPs'), have
filed this writ petition assailing the judgment and order dated
11th October, 2021(Annexure-1) passed in Civil Proceeding
No.270 of 2021, whereby learned Judge, Family Court, Jajpur
rejected an application filed under Section 58(3) of the Juvenile
Justice (Care and Protection of Children) Act, 2015 (for
convenience, 'the Act'). The said application was rejected on
the ground of non-availability of a valid Home Study Report
(for convenience, 'HSR')
3. Miss Mahapatra, learned counsel for the Petitioners
submits that Petitioner Nos. 3 and 4 have accepted the child on
12th August, 2021. As required under Regulation 9(12) of the
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Adoption Regulations, 2017 (for short, 'Regulations'), HSR
was submitted on 1st May, 2018. As per Clause-9(12) of the
Regulations it (HSR) will remain valid for a period of three
years from the date of issue. Although the Petitioners before
learned Judge, Family Court, Jajpur were in possession of
revalidated HSR prepared on 10th September, 2021, but
inadvertently could not produce the same before the Family
Court at the time of hearing, for which the impugned order
under Annexure-1 has been passed.
4. Miss Mahapatra, learned counsel for the Petitioners also
draws attention of this Court to the copy of the revalidated HSR
dated 10th September, 2021 enclosed to the writ petition as
Annexure-5. She, therefore, submits that the petition under
Section 58(3) of the Act requires fresh consideration taking
note of the revalidated HSR dated 10th September, 2021. Hence,
she prays for setting aside the impugned order and remit the
matter back to learned Family Court, Jajpur for consideration of
CP No.270 of 2021 afresh in accordance with law.
5. Mr. Mishra, learned AGA submits that the PAPs should
not have been impleaded as parties to the petition under Section
58(3) of the Act. Only the agency should file an application
under Section 58 (3) of the Act. He, however, submits that he
has no instruction with regard to the correctness of revalidated
HSR stated to have been prepared on 10th September, 2021.
6. Taking into consideration the submissions of learned
counsel for the parties and on perusal of the impugned order
under Annexure-1, it appears that the application filed by the
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Petitioners under Section 58(3) of the Act was rejected on the
following findings:-
"In the present case the Home Study report vide Ext.12
was submitted on 1.5.2018. As per Regulation 9(12) of
Adoption Regulations, 2017 Home Study Report shall
remain valid for three years and shall be the basis of
adoption of a child by the Prospective Adoptive
Parents. As it appears from the evidence of P.W. 1 as
well as Ext.1 and 2, the Child Study Report and
Medical Examination Report respectively, the PAPs
had accepted the above named child on 12.08.2021 i.e.
after three years of submission of Home Study Report.
As such the Home Study report was not valid during
acceptance of the child by the PAPs. The same has also
not revalidated. Since the Home Study report is the
basis for adoption of a child by the PAPs and the same
not being valid the Petitioner-Organization in my view
are not to be allowed to give the adoption of the child
named above in adoption to the PAPs. Hence, it is
ordered......."
Thus, it appears, the only ground on which the application
under Section 58(3) was rejected was due to non-availability of
revalidated HSR. Learned counsel for the Petitioners submits
that although same was in possession of the Petitioners at the
time of hearing of the case, but inadvertently the same could
not be produced. It is also submitted that in view of Clause-10
(14) of the Regulations stipulates that registration of PAPs shall
continue till child adoption, with revalidation of HSR in every
three years.
7. In view of the above and keeping in mind the welfare of
the child, another opportunity should be given to the Petitioners
to produce the revalidated HSR, if any, to enable the PAPs to
adopt child. Accordingly, the impugned order under Annexure-
1 is set aside. This Court, without expressing any opinion on
the merit of the case of the Petitioners, remits the matter back to
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learned Judge, Family Court, Jajpur for fresh consideration of
the matter in accordance with law.
8. It is made clear that in the event Petitioners submit
revalidated HSR stated to have been prepared on 10th
September, 2021 within a period of two weeks hence along
with an application to accept the same enclosing certified copy
of this order before learned Judge, Family Court, Jajpur, he
shall do well to accept the same and adjudicate the matter
afresh in accordance with law examining the validity and
applicability of the said revalidated HSR to the case at hand
giving opportunity of hearing to the parties concerned.
9. With the aforesaid observation and direction, the writ
petition is disposed of.
Issue urgent certified copy of the order on proper
application.
(K.R. Mohapatra)
Judge
s.s.satapathy
