Disposed

Balwant Kartar and Foundation'S Preet Mandir v. the Principal Secretary Dept. of Women Child Devpt. and Anr.

Bombay HC11 Jan 2011WP/4757/2010

Case brief

AI extract

What is this about?

The petition sought rehabilitation of 86 children at Preet Mandir through domestic adoption. The state agreed allowing this as a special case, leading to the disposal of the petition on these terms.

What did the court decide?

Conditional order allowing domestic adoptions for 86 children as a special case, pending requisite permissions for future adoptions.

Balwant Kartar and Foundation'S Preet Mandir… — Child Custody and Guardianship | Bombay HC (2011)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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Civil Writ Petition No. 4757 of 2010

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Balwant Kartar & Foundation’s Preet Mandir .. Petitioner.

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V/s

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The Principal Secretary, Department of Woman Child Development & Anr .. Respondents.

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Mr Hitesh P. Vyas, Advocate for the Petitioner.

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Mr C. R. Sonwane, A.G.P. for the Respondent Nos. 1 and 2.

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Shri S.P. Ware,Deputy Secretary to Government, Women and Child

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Development Department, Mantralaya, Mumbai is present.

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CORAM : A.M. KHANWILKAR &

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A.R. JOSHI, JJ.

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DATED : 11TH JANUARY,2011.

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P.C.:-

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The Deputy Secretary to the Government of Maharashtra, Women and Child Development Department, Mantralaya, Mumbai, has filed affidavit dated 7.1.2011. Paragraphs - 9 and 10 of the said affidavit are of some significance. The same read, thus :-

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“9. I say that by letter dated 29.11.2010 the Deputy Secretary to Government, Women and Child Development Department, Mantralaya, Mumbai has instructed the Commissioner, Women and Child development, Pune, to seek the Hon’ble Court’s orders regarding rehabilitation of children presently languishing in Preet Mandir, by either shifting them to other agencies, or allowing Preet Mandir to give them in domestic adoptions. I say that the State Government has no objection if domestic adoptions of the children presently residing in Preet Mandir are allowed to be done by the Petitioner Institution for the rehabilitation of the children as a special case. Hereto annexed and marked as Exhibit-3 is a copy of the letter/communication dated 29.11.2010 of the Dy.

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Secretary to Government, Women and Child Development Department, Mantralaya, Mumbai addressed to the Commissioner, Women and Child Development Commissionrate, Maharashtra State, Pune.

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I say that the said order dated 20.12.2010 the Hon’ble Court has adjourned the matter to 11^th January, 2011 to take instructions as to whether the Government would like to recall the impugned order in view of the stand taken in the communication dated 29^th November, 2010 addressed by Shri S.P.Ware, Dy. Secretary to Government, Women and Child Development Department, Mantralaya, Mumbai and the said impugned order dated 16.6.2010 is on page 39 to 40 of the writ petition. I say that in view of the letter / communication dated 29.11.2010, the State Government has decided to withdraw the impugned order dated 16.6.2010 passed by the Commissioner, Women & Child Development, Maharashtra State, Pune whereby the Petitioner Institution’s recognition for domestic adoption was suspended, if allowed by the Hon’ble Court. The

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said order is on page 39 to 40 of the petition.”

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In view of the stand taken by the State Government that it has no

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objection if domestic adoptions of the children “presently residing in Preet Mandir” are allowed to be done by the petitioner-institution for the rehabilitation of the children as a special case, which stand is acceptable to the petitioner, we have no difficulty in accepting to the request of the

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State Government to pass such conditional order.

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The Counsel for the petitioner submits that presently, there are 86 children in Preet Mandir run by the petitioner-institution. The petitioner will continue to discharge their obligations qua those children for their rehabilitation in the light of the concession given by the State Government which is essentially in the interest of the said 86 children only.

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The above stand taken by the Petitioner as well as the respondents, in particular the State Government, is placed on record. The petition is disposed of on that basis.

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Learned A.P.P., on instructions, states that it will be open to the

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petitioner to make application to the Appropriate Authority ( the

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Commissioner, Women & Child Development, Maharashtra State,

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Pune) for necessary permission which will be considered on its own

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merits, in accordance with law only on being satisfied that all the requisite formalities and mandatory requirements are fulfilled by the

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petitioner-institution.

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(A.R. JOSHI, J) ( A.M. KHANWILKAR, J)

Balwant Kartar and Foundation'S Preet Mandir v. the Principal Secretary Dept. of Women Child Devpt. and Anr.

Case brief

What is this about?

What did the court decide?

Balwant Kartar and Foundation'S Preet Mandir v. the Principal Secretary Dept. of Women Child Devpt. and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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