This adoption petition granted approval for the adoption of minor Hritik by prospective parents Rakesh Jaswani and another, subject to the deposit of sums for child care corpus and legal costs as per court order.
Petition made absolute; order directing deposit of Rs. 35,000 for corpus and Rs. 22,500 for legal fees.
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901-IAP-10-2017
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Shailaja
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION AND
IN ITS GENERAL AND INHERENT JURISDICTION
INDIAN ADOPTION PETITION NO. 12 OF 2017 WITH JUDGES ORDER NO. 179 OF 2017
SWTI, Bal Vikas Shishu Bhavan, Malad [E] ] Mumbai 400 097 through Mrs. Jaissita ] Panigrahi, Managing Trustee ] Petitioner Vs. Rakesh Laxmichand Jaswani & anr. ] Prospective Adopting parents
Smt. Lalita Jaya Raj, for petitioner. Mr. O. Hareendran, Scrutiny Officer (ICSW) present. Ms. Panigrani, Managing Trustee from Bal Vikas Shishu Bhavan present. Rakesh Laxmichand Jaswani, adopting father present.
CORAM : R.G. KETKAR, J.
DATE : 23RD AUGUST, 2017. P.C .
Heard Ms. Lalita Jaya Raj, learned Counsel for the petitioner at length. Proposed adopter Rakesh Jaswani is also present in my Chambers.
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before the Child Welfare Committee, Mumbai Suburban District, Mumbai [ for short 'C.W.C'] on 9th January, 2017 and the safe custody was given to the Petitioner institution Bal Vikas, Mumbai as per the order of C.W.C dated 9th January, 2017 under section 33 (i) (a) of the Juvenile Justice (Care and Protection of Children) Act 2000 [for short 'Act']. The said order is at page 25.
“the child is hereby declared legally free for adoption on the basis of the following Report of the Social Worker dated 7th April, 2017, Deed of surrender executed by the biological parent (s) or the legal guardian of the child before this Committee on 9th January, 2017 and Declaration submitted by Specialized Adoption Agency concerned to the effect that they have made restoration efforts as required under sub section (1) of Section 40 of the Act, the rule framed thereunder and the Adoption Regulation, but, nobody has approached them for claiming the child as biological parents or legal guardian as on date of the said declaration”.
It is at pages 26 and 27.
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Committee dated 19th July, 2017 is at Pages 23 to 24. The Health Report of the proposed adopters dated 24th July, 2017 is at Pages 69 to 72 and it states that they are physically and mentally healthy. Investigations were within normal limits. Their HIV I & II and HBsAg test reports certify the case as Negative. It is at pages 73 to 74.
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sister-in-law of the 1st Proposed Adopter residing at Champa, Chattisgarh to look after the proposed minor in case of any mishap to the Proposed Adopters at pages 47 to 48.. Post Card Size Photograph of the family & proposed minor is at page 50. Medical Examination of the proposed minor Hritik dated 12th May, 2017 is on record and it states “Normal active child”. The proposed adopters have countersigned the said report. It is at Pages 78 to 87.
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(1) and 46 (1) and (2) of the Adoption Regulations 2017 notified under Section 68(c) of the Act.
Memorandum is issued in continuation to Circular of even number dated 23rd March, 2017 on the said subject. Memorandum prescribes payment of adoption fees [earlier known 'CCI'] to be made by the prospective adopted parents in following installments:
(a)In-Country Adoption Fees: (i)At the time of acceptance: Rs. 24,000/(ii)At time of handing over the Court Order: Rs. 16,000/Rs. 40,000/-
Note: The legal fee is included in above amount and the expenditure by Specialized Adoption Agencies (SAA) on this head shall not exceed 20% of total Adoption Fees received. The ratio of payment shall also be similar i.e Rs. 4,800/- on filing of application & Rs. 3,200 after obtaining the Court Order.
(i) At time of Acceptance : US $ 3000/(ii)At time of hading over the Court order : US $ 2000/Total : US $ 5000/-
Note: The legal fee is included in above amount and the expenditure by SAA on this head shall not exceed 5% of total Adoption Fees received. The ratio of payment shall also be similar i.e equivalent to US $ 150 on filing of application & equivalent to US $ 100 after obtaining the Court Order.
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Memorandum recites that it is issued with the approval of Steering Committee of the Authority vide its meeting dated 31st March, 2017.
10. Mr. Rakesh Jaswani also referred to the e-mail dated 1st August, 2017 sent by petitioner herein to him wherein its stated;
“I have discussed the detail with the agency and she confirmed that agency has not asked any amount. Agency will ask the lawyer in this regard and you need not pay any amount other than the adoption fee”.
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Chamber Summons [L] No. 97 of 2017. In case CARA is in position to persuade this Court to fix fees as prescribed by its Memorandum dated 5th April, 2017, amount so deposited by him may be refunded to him along with accrued interest, if any, and in case, the Court does not modify/change the fees prescribed in its order dated 23rd November, 2016, the amount may be paid over the petitioner and legal fees to the Advocate herein.
Swati, Bal Vikas Shishu Bhavan, Malad
Rakesh Laxmichand Jaswani
R.G. Ketkar
As recorded by the court registry
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