Allowed

Bal Anand, Worldchildren Welfare Trust v. Nitin Rajaram Salunkhe and Anr. Prosp. Parents (Atharva Alias Monit-Minor)

Bombay HC21 Oct 2021IAP/76/2021

Case brief

AI extract

What is this about?

The High Court allowed an adoption petition under Section 58(3) of the Juvenile Justice Act, 2015, permitting World Children Welfare Trust to place a minor in the charge of prospective parents in Pune, subject to specific financial undertakings.

What did the court decide?

Petition allowed; prospective adoptive parents directed to invest Rs. 2,50,000 in LIC for the child; undertakings accepted.

Bal Anand, Worldchildren Welfare Trust Vs… — Child Custody and Guardianship | Bombay HC (2021)

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

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INDIAN ADOPTION PETITION NO.76 OF 2021 ALONG WITH

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JUDGE’S ORDER NO.157 OF 2021

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Bal Anand,

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World Children Welfare Trust, Mumbai

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.. Petitioner

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Nitin Rajaram Salunkhe and Anr. .. Co-Petitioners/Prop. Adoptive Parents Atharva @ Monit .. Minor

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Mr. Sameer Kashiram Sawant for the Petitioner. Mr. O. Hareendran, Scrutiny Officer of ICSW, is present. Mr. Dilip R. Talekar, Chamber Registrar, is present.

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CORAM : A. K. MENON, J. DATE : 21ST OCTOBER, 2021.

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P.C. :

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This petition, under Section 58(3) of the Juvenile Justice (Care and Protection of Children) Act, 2015 (Juvenile Justice Act) , is filed by a recognized child welfare organization approved by the State Government. The minor male child Atharva @ Monit, said to be born on 13th December 2020, is proposed to be given in adoption to the prospective adoptive parents. The child was abandoned and produced before the Chile Welfare Committee, Mumbai on 15th December 2020. The child has been declared legally free for

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903-IAP-76-2021 & JO-157-2021.doc Dixit

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adoption on 22nd February 2021. The minutes of the Adoption Committee are on record. A certificate declaring the child free for adoption and placing the child in the child care institution are also on record.

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The prospective adoptive parents are residents of Pune. They have been married since 2008 but they do not have any children. They have consented to bring up the minor, if so permitted. Prospective adoptive father is rendering financial services and the prospective adoptive mother is engaged in the business of insurance consultancy. Both are earning members. Their income documents are on record. The medical certification of both the prospective adoptive parents is found to be acceptable. Child care arrangements have also been put in place. The Home Study Report of the prospective adoptive parents reveals that they are well positioned to adopt the child. They are emotionally and physically able and hence recommended for adoption. Part-2 of the Home Study Report reveals psycho-social assessment, which is found to be acceptable. Home visit findings are also found to be in order. The social workers and the MSW Supervisor has recommended the adoption. Child Study Report is also in place and is found to be in order.

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In addition to the documents annexed to the petition, Mr. Sawant, learned counsel for the petitioner has also produced before me additional affidavit dated 18th October 2021 producing income tax record, copies of income tax returns and bank statements in support of the financial capability of the prospective adoptive parents.

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903-IAP-76-2021 & JO-157-2021.doc Dixit

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In view of the aforesaid, I have no hesitation in allowing this petition. Accordingly, I pass the following order :-

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(i) Petition is allowed in terms of prayer clauses (a), (b), (c) and (d).

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(ii) The prospective adoptive parents shall invest a sum of Rs.2,50,000/- in the name of the child in LIC’s Single Endowment Plan No.917 for 18 years. No loan shall be taken on the policy. The petitioner shall file evidence of this fact having been communicated to the LIC in the registry.

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(iii) Undertakings are accepted

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(iv) Judge’s Order is signed separately.

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(A. K. MENON, J.)

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Digitally signed SNEHA by SNEHAABHAY DIXIT 903-IAP-76-2021 & JO-157-2021.doc ABHAYDIXIT Date:2021.10.2217:31:09+0530 Dixit

Bal Anand, Worldchildren Welfare Trust v. Nitin Rajaram Salunkhe and Anr. Prosp. Parents (Atharva Alias Monit-Minor)

Case brief

What is this about?

What did the court decide?

Bal Anand, Worldchildren Welfare Trust v. Nitin Rajaram Salunkhe and Anr. Prosp. Parents (Atharva Alias Monit-Minor)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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