Allowed

Bal Asha Trust v. Juan Jose Sanchez De Andres Spanish and Anr.

Bombay HC23 Mar 2016FAP/10/2016

Case brief

AI extract

What is this about?

Allowed the foreign adoption petition. Recorded updated child care plan and medical reports. Ordered the registry to submit all pending adoption matters with periodic progress reports to the judge for review to ensure the child's welfare, given the court's in loco parentis role.

What did the court decide?

Petition allowed; compilation taken on record; Registry directed to place pending matters with progress reports before the Judge for review.

Bal Asha Trust Vs Juan Jose Sanchez De Andres Spanish and Anr. — Bombay HC (2016) — LawSathi Research

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FAP NO.10-2016.DOC

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JSN

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

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IN ITS GENERAL AND INHERENT JURISDICTION JUDGE’S ORDER NO.25 OF 2016

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IN

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FOREIGN ADOPTION PETITION NO.10 OF 2016

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Bal Asah Trust...Petitioner
Versus
Mr. Juan Jose Sanchez De Andres & Anr....Proposed
Respondents

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Mr. Rakesh Kapoor, for the Petitioner.
Mr. O. Hareendran, representative of ICSW present.

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CORAM: G.S. PATEL, J. DATED: 23rd March 2016

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P.C.

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1.Mr. Kapoor for the adoptive parents submits an updated
Child Care Plan dated 17th February 2016 in a fresh compilation.
This Child Care Plan is filed pursuant to the order dated 10th
February 2016. I have seen the new plan as also the Affidavit filed
by the prospective grand parents affirmed on 22nd February 2016. I
am satisfied that the Child Care Plan is in order. The Affidavit by
the grand parents assuring additional home support is also relevant
and is accepted.

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FAP NO.10-2016.DOC

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2.In addition the compilation contains updated health and
medical test reports for the minor, Rudra. These are current as of
24th February 2016 and they are clear. The statement from the
agency dated 22nd February 2016 is also in the compilation. This
statement reconfirms portions of what is stated in the revised Child
Care Plan, inter alia, that the adoptive mother is entitled in law to
four months’ paid maternity leave and in addition since she is self-
employed, can take as much time of as she wants. I accept this
statement of the agency signed by the social worker as well.

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3.The Petition is accordingly allowed with the Judge’s Order
being separately signed. The compilation is taken on record and
marked “X’ for identification.

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4.I find that in all these adoption matters, periodic progress
reports are filed till such time as the amounts ordered to be
deposited are finally refunded or adjusted. I am informed that at
present the progress reports are placed before the Prothonotary and
Senior Master. This in turn is delegated to Chamber Registrar. I am
not questioning the competence or ability of either the
Prothonotary and Senior Master or the Chamber Registrar. I have
no doubt that both of them are perfectly competent and able to
handle this administrative work.

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5.However, there is an aspect that is beyond mere routine
administrative work. After all the child has been given in adoption
under the imprimatur of this Court. When passing orders in
adoption Petitions, the Court is in the position of a parent vis-à-vis
the minor child. It is, in law, in loco parentis I believe this make it

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FAP NO.10-2016.DOC

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absolutely essential that the learned Judge to whom these matters
are assigned should be given the opportunity to review the periodic
progress reports so that the judicial conscience is satisfied that the
child is well placed, progressing well and has adjusted in his new
home, family and milieu.

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6.The Registry is directed therefore to place all pending
matters in which there are progress reports before me on the next
adoption day for directions and to continue to do so henceforth till
otherwise directed.

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7.A copy of this order is to be placed before the Prothonotary
and Senior Master for future administrative directions as well.

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(G. S. PATEL, J.)

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Bal Asha Trust v. Juan Jose Sanchez De Andres Spanish and Anr.

Case brief

What is this about?

What did the court decide?

Bal Asha Trust v. Juan Jose Sanchez De Andres Spanish and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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