Allowed

Bal Asha Trust v. Arvind Kundalik Dethe and Mitali Arvind Dethe

Bombay HC19 Mar 2021IAP/16/2021

Case brief

AI extract

What is this about?

This chamber order allowed a petition under the Juvenile Justice Act proposing the adoption of a minor by prospective Indian parents. The court reviewed compliance reports, home study assessments, and medical records to approve the adoption and instruct parents on child investment.

What did the court decide?

The Indian Adoption Petition is allowed, appointing the prospective parents as adoptive parents.

Bal Asha Trust Vs Arvind Kundalik Dethe and… — Child Custody and Guardianship | Bombay HC (2021)

¶1

iap 16-2021.doc

¶2

sat

¶3

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

¶4

IN ITS GENERAL AND INHERENT JURISDICTION

¶5

INDIAN ADOPTION PETITION NO. 16 OF 2021
WITH
JUDGE'S ORDER NO. 27 OF 2021

¶6

Bal Asha Trust, Mumbai...Petitioner
 and
Mr.Arvind Kundalik Dethe and
Mrs.Mitali Arvind Dethe...Proposed Adoptive Parents

¶7

Mr.Rakesh Kapoor for Petitioner.

¶8

Mr. O. Hareendran, Scrutiny Officer, Indian Council of Social Welfare,
present.

¶9

 CORAM : S.C. GUPTE, J.
 (IN CHAMBERS)
 DATE : 19 MARCH 2021

¶10

P.C. :

¶11

Heard Mr.Rakesh Kapoor, learned Counsel for the Petitioner
and Mr.O. Hareendran, Scrutiny Officer, Indian Council of Social Welfare
(ICSW), in the Chambers. The adoptive parents are not present due to the
present pandemic situation.

¶12

2The petition proposes adoption of a male minor child by the
name of Sajid born on 20 January 2015. Custody of the child was given to
the Petitioner institution on the same day as the child was surrendered by
his biological parent to the Child Welfare Committee, Mumbai City II on 18
April 2019. The admission order is placed on record. After making inquiries
under Section 38 of the Juvenile Justice (Care and Protection of Children)
Act, 2015, the CWC, Mumbai City II declared the minor child legally free

¶13

1 / 4

¶14

iap 16-2021.doc

¶15

sat

¶16

for adoption. The certificate dated 6 November 2019 is placed on record.

¶17

3The adoptive parents are Indian nationals residing at Indapur,
Kalamb, District Pune. They are aged about 52 and 51 years, respectively,
having been married for the past 19 years with no biological child.
Motivation letter of the adoptive parents as also the decision of the
Adoption Committee Meeting approving both parents as adoptive parents
of the referred child is placed on record. An affidavit of the Chief
Functionary of the Sepcialized Adoption Agency, i.e. the Petitioner herein,
and the medical report of the prospective adoptive parents certifying them
as free of any chronic contagious or fatal disease as well as PAN and
Aadhar cards and supportive financial documents in respect of the
prospective adoptive parents are placed on record.

¶18

4The prospective adoptive father is working as an Assistant
Teacher at a school in Indapur District, Pune, whereas the prospective
adoptive mother is working as a Supervisor with another high school and
junior college at Shindewadi, District Solapur. The child care plan
declaration indicates that the prospective adoptive mother has been
working twice a week due to current Covid-19 pandemic and in her
absence, her husband and her niece, who is 18 years old, would take care
of the minor child.

¶19

5The home study report containing self assessment as well as
assessment report of the social worker, Pandita Ramabai Mukti Mission,
Pune has been placed on record. It considers various relevant aspects and
after holding that the couple meets with all pre-requisites for adoption, has
recommended placing of the child for adoption with prospective adoptive

¶20

2 / 4

¶21

iap 16-2021.doc

¶22

sat

¶23

parents. There is also a supporting Addendum Home study report
conducted by one Samarpan Foundation, SPARCC, Pune, which holds the
prospective adoptive parents mentally and physically fit to take care of the
child and recommends the couple for adoption.

¶24

6The son of the maternal sister of the prospective adoptive
mother and his wife have furnished undertaking to look after the minor
child in the event of any unforeseen mishap to the co-Petitioners.

¶25

7The medical examination report of the minor child is placed on
record. The report does not indicate any abnormality. The prospective
adoptive parents have countersigned the medical examination report. In
pursuance of the report submitted by Indian Council of Social Welfare, a
report of psychological testing, as also language, speech and hearing report
in respect of the minor child, are submitted by learned Counsel for the
Petitioner. They are taken on record, marked “X” for identification. The
child is, accordingly, demonstrated to be a normal and active child with a
negative HIV report. So also, consent and willing of the adoptive parents,
which is placed on record, indicates that such consent and willingness have
been indicated having gone through the medical examination of the minor
child. There is also an undertaking on their behalf to send a follow up
report of Pandita Ramabai Mukti Mission, Pune.

¶26

8Considering the material placed before the court, some of
which has been referred to above, and various compliances noted as above,
this court is of the view that the adoption petition deserves to be allowed.
The report of Scrutiny Officer dated 6 March 2021 is taken on record as X-1
for identification.

¶27

3 / 4

¶28

iap 16-2021.doc

¶29

sat

¶30

¶31

The petition, accordingly, is allowed in terms of prayer clauses

¶32

(a) to (d).

¶33

10In accordance with the practice note of this court for Indian
adoptions, the prospective adoptive parents have offered to make an
investment in the name of a minor child in the sum of Rs.1.50 lakhs and
submit a report of such investment.

¶34

11A separate Judge’s Order for appointing prospective parents as
adoptive parents is signed by this court today.

¶35

( S.C. GUPTE, J. )

¶36

Digitally signed by Sanskruti A. Sanskruti Thakur A. Thakur Date: 2021.03.23 17:40:35 +0530

¶37

4 / 4

Bal Asha Trust v. Arvind Kundalik Dethe and Mitali Arvind Dethe

Case brief

What is this about?

What did the court decide?

Bal Asha Trust v. Arvind Kundalik Dethe and Mitali Arvind Dethe

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

Similar cases

Iqbal Azim Mansoori and Anr. Vs Padmavati Developers and Anr.

Sushmita Tapendra Singh Vs prabha tapendra singh

Madhusudan C. Sanghvi (Applicant/Org. DEF.NO.6) Vs Mukta Construction and Ors.

Suryakant Narayandas and Komal Suryakant Bhadesia Vs Pratham Amit Dodhiwala (Minor)

Avyaay Anirhdh Garg and 2 Ors. Vs Ajay Kumar Garg and 24 Ors.

Shree Manav Seva Sangh Vs Kailas Eknath Sonawane and Anr. - (Pros.Adoptive Parents) and Chinmay Kailas Sonawane - Minor