Allowed

Vatsalya Trust v. Silvio Aquilina and Anr.

Bombay HC25 Nov 2021JO/177/2021

Case brief

AI extract

What is this about?

The Bombay High Court allowed a foreign adoption petition filed by Vatsalya Trust on behalf of minor Ruchi. The court approved the prospective parents Silvio and Nicole Aquilina based on a positive Home Study Report and compatibility. The petition was disposed of by making it absolute.

What did the court decide?

Petition made absolute; minor child granted to prospective adoptive parents; child declared not to be offered for further adoption.

Vatsalya Trust Vs Silvio Aquilina and Anr. — Child Custody and Guardianship | Bombay HC (2021)

¶1

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

¶2

GENERAL AND INHERENT JURISDICTION

¶3

FOREIGN ADOPTION PETITION NO.29 OF 2021

¶4

ALONG WITH

¶5

JUDGE’S ORDER NO.177 OF 2021

¶6

Vatsalya Trust .. Petitioner-Applicant Silvio Aquilina Nicole Aquilina .. Co-Petitioners/Adoptive Parents Ruchi @ Zelie Ruchi .. Minor

¶7

Ms. Sangeeta Nagpal for the Petitioner. Mr. O. Hareendran, Scrutiny Officer of ICSW, is present. Mr. Dilip R. Talekar, Chamber Registrar, is present.

¶8

CORAM : A. K. MENON, J. DATE : 25TH NOVEMBER, 2021.

¶9

P.C. :

¶10

The petitioner is a recognized adoption agency approved by the State Government and the Central Adoption Resource Authority (CARA) and is presently looking after the interest of the minor. The minor child Ruchi was born on 23rd January 2020 and is presently in the care of the petitionerinstitution. The Child Welfare Committee has since declared the child legally free for adoption on or about 18th September 2020. The prospective adoptive

¶11

1/3

¶12

1-FAP-29-2021 & JO-177-2021.doc Dixit

¶13

parents are aged about 44 and 43 years respectively. They have been married since 19th March 2004 and they are stated to be in good health. They have already adopted one male child Gregory, about 5 years of age. The prospective adoptive father, who is a Mechanical Engineer, is now stated to be selfemployed. The prospective adoptive mother is also gainfully employed.

¶14

The Home Study Report prepared by the chairperson of the Adoption Legal Services has found the prospective adoptive parents suitable for adopting a second child. The sister and brother-in-law of the prospective adoptive father have given undertakings to take care of the minor in the event of any unforeseen event which prevents the prospective adoptive parents from looking after the child. The petitioner-trust has declared that the child is to the best of their knowledge legally free for adoption and the petitionertrust has also filed requisite affidavit-cum-undertaking. A Statement of Undertaking has been filed by the Operations Manager of the local authority. The prospective adoptive parents have requisite police clearance. They are financially and emotionally found to be suitable for adopting a second child.

¶15

Having considered the financial and social environment and the medical history, which are all found to be satisfactory, I have no hesitation in allowing this petition. In view of the above, I pass the following order :-

¶16

(i) Petition is made absolute in terms of prayer clauses (a) to (e).

¶17

2/3

¶18

1-FAP-29-2021 & JO-177-2021.doc Dixit

¶19

(ii) The minor child shall not be hereafter offered in further adoption by the prospective adoptive parents.

¶20

(iii) Judge’s Order is signed separately.

¶21

(iv) Petition is disposed in the above terms.

¶22

(A. K. MENON, J.)

¶23

3/3

¶24

SNEHAABHAY Digitally signedby SNEHAABHAY DIXITDate: 1-FAP-29-2021 & JO-177-2021.doc DIXIT 2021.11.2617:18:50 +0530 Dixit

Vatsalya Trust v. Silvio Aquilina and Anr.

Case brief

What is this about?

What did the court decide?

Vatsalya Trust v. Silvio Aquilina and Anr.

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

Case details

Similar cases

Vatsalya Trust Vs Anita@ Tiya Sandipkumar Patel

Vaishali Ravindra Salve Vs Vivaan Ravindra Salve (Minor)

L and T Finance Limited Vs

Vatsalya Trust Vs Silvio Aquilina and Anr.

Bal Asha Trust Vs K. Anil Pai and Anr. (Prosp. Adoptive Parents) and Gayathri Pai-Minor

Bal Asha Trust Vs K. Anil Pai and Anr. (Prosp. Adoptive Parents) and Gayathri Pai-Minor