Allowed

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

Bombay HC19 Mar 2021IAP/20/2021

Case brief

AI extract

What is this about?

Indicating adoption of a minor child by prospective parents, the court examined compliance with statutory requirements including surrender by biological mother, CWC clearance, home study report, and medical fitness. Having found all conditions met, the court allowed the petition.

What did the court decide?

Petition allowed in terms of prayer clauses (a) to (d); prospective parents appointed as adoptive parents via separate order.

Shree Manav Seva Sangh Vs Kailas Eknath… — Child Custody and Guardianship | Bombay HC (2021)

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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

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INDIAN ADOPTION PETITION NO. 20 OF 2021
WITH
JUDGE'S ORDER NO. 36 OF 2021

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Shree Manav Seva Sangh, Mumbai...Petitioner
 and
Kailas Eknath Sonawane and
Pratibha Kailas Sonawane...Proposed Adoptive Parents

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Mr.Rakesh Kapoor for Petitioner.

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

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

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P.C. :

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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.

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2The petition proposes adoption of a male minor child by the
name of Piyush born on 19 May 2020. Custody of the child was given to
the Petitioner institution on the same day as the child was surrendered by
his biological mother to the Child Welfare Committee, Mumbai City II on 9
June 2020. 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

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for adoption. The certificate dated 24 August 2020 is placed on record.

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3The prospective adoptive parents are Indian nationals residing
at Bhusaval, District Jalgaon. They are aged about 31 and 28 years,
respectively, having been married for the past 7 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
to be mentally and physically fit as well as PAN and Aadhar cards and
supportive financial documents in respect of the prospective adoptive
parents are placed on record.

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4The prospective adoptive father is working as a Helper with Sri
Sai Rail Services, Mumbai, whereas the prospective adoptive mother is a
homemaker.

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5The home study report containing self assessment as well as
assessment report of the social worker, Shishu Gruha, Dhule has been
placed on record. It has considered various relevant aspects and
recommended placing of the child for adoption with prospective adoptive
parents.

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6The younger brother and sister-in-law of the prospective
adoptive father have furnished undertaking to look after the minor child in
the event of any unforeseen mishap to the co-Petitioners.

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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. 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 to send a follow up report of Shree
Manav Seva Sangh, Mumbai.

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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 7 March 2021 is taken on record as ‘X’
for identification.

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9The petition, accordingly, is allowed in terms of prayer clauses
(a) to (d).

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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 Rupees Fifty
Thousand and submit a report of such investment.

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

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( S.C. GUPTE, J. )

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Digitally signed by Sanskruti A. Sanskruti Thakur A. Thakur Date: 2021.03.23 17:45:38 +0530

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

Case brief

What is this about?

What did the court decide?

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

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

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