The High Court judge permitted an adoption petition for a female minor child surrendered to the Child Welfare Committee by Vatsalya Trust in favor of US nationals proposing to reside in India.
The Petition is allowed. The Judge's Order is separately signed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
902 FAP NO.55-2016.DOC
JSN
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
AND
IN ITS GENERAL AND INHERENT JURISDICTION JUDGE’S ORDER NO.158 OF 2016 IN
FOREIGN ADOPTION PETITION NO.55 OF 2016
Vatsalya Trust…Petitioner
And
Mr. Yashodhara Patnaik Manduvakurti and …Proposed
Another.adopters
Ms. Sangeeta A. Nagpal, for the Petitioner.
Mr. O. Hareendran, representative of ICSW present.
CORAM: G.S. PATEL, J DATED: 24th August 2016
PC:-
1.This is an foreign adoption Petition for a female minor Riya
who is today just over a year old. She was born on 13th August
2015. She was surrendered by her birth mother to the Child Welfare
Committee, Mumbai Suburban District, which then declared her
legally free for adoption on 27th November 2015. The undertaking
of the Petitioning institution, the Vatsalya Trust, is on record. The
no objection certificate from the Central Adoption Resource
Authority (CARA) is also available.
Page 1 of 3
24 August 2016
902 FAP NO.55-2016.DOC
2.The proposed adopters are both American nationals of
Indian origin. They presently reside at Magarpatta City, Pune.
They have been married for the past 11 years but they have no
children of their own. Their financial documents and health
documents are in order. The father works in IBM India Private
Limited since 1st October 2015. The mother also working in the
same company as Solution Architect. Their combined income is
more than sufficient.
3.Both parents are before me today. They both inform me that
for the present they propose to stay in India. Both are US nationals.
The health documents of the parents and the minor are in order.
There are no abnormalities detected in the minor’s health other
than a reactive Hepatitis B report that has been disclosed to, and
countersigned in acceptance by, the adoptive parents. The child-
care plan is also on record. Given that both parents propose to settle
for the time being in Pune, there should be no difficulty in
accepting this.
4.The home study report states that they are not only
financially capable but that they have stable family structure and are
caring couple. This is evident to me. The minor is with them, as is
the adoptive mother’s own father. The minor is clearly attached to
all three of them and her grandfather is especially fond of her –
though unable to speak, she calls out for him and quietens when he
picks her up. Riya seems to be a bright and lovely infant and seeing
the adoptive parents interact with her, I have no doubt at all that
they will provide her a secure, stable, loving and nurturing home.
Page 2 of 3
24 August 2016
902 FAP NO.55-2016.DOC
5. Mr. Hareendran’s Scrutiny Report is taken on record and marked “X1” for identification.
6. I have no hesitation in allowing this Petition.
7. The Judge’s Order is separately signed.
(G. S. PATEL, J.)
Page 3 of 3
24 August 2016
Vatsalya Trust
Mr. Yashodhara Patnaik Manduvakurti and Proposed Another.adopters
G.S. Patel
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court