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Children Of World vs Unknown on 11 September, 2019

IN THE COURT OF SH. NAROTTAM KAUSHAL,
DISTRICT SESSIONS JUDGE : SOUTH WEST DISTRICT
DWARKA COURTS : NEW DELHI.

GP No. 03/2019 (23/19)

Children of World,
Plot No. 5, PSP Pocket,
Sector 8, Dwarka,
New Delhi
through Saraswathi Nair
Director/Authorized Representative …..Applicant

Versus
1. Ms. Saloni Priyadarshini
S/o Sh. Shadhi Bhushan Prasad
R/o A-1-1403, Shri Lakshmi Residency,
N.M Joshi Marg, Byculla (W),
Mumbai 400027
…. Proposed Adoptive Parent

Date of Institution : 09.08.2019
Date of Arguments : 07.09.2019
Date of Decision : 11.09.2019

Argued by: Sh. Jagdeep Kishore and Smt Rekha Gupta, counsels
for the applicant.

JUDGMENT:

1. Applicant, a recognized Specialized Adoption Agency
(SAA) has brought the present petition under the provision of Section
58 (3) of Juvenile Justice (Care and SectionProtection of Children) Act 2015,
seeking permission to give two female siblings, namely Miss Laxmi,
now named Sia Priyadarshini born on 12.12.2009 and her sibling
Miss Reshmi now named as Miss Gauri Priyadarshini born on
12.10.2011, in adoption to the Prospective Adoptive Parent (PAP) as

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her daughters.

2. As pleaded by petitioner, PAP is a spinster, presently
residing in Mumbai and was born on 07.04.1974. PAP is working as a
Senior Offshore Engineer with Shapoorji Pallonji Oil Gas Ltd. Her
net annual income is 24,15,996/- as per income Tax return for the
assessment year 2018-19. She is financially secure and has not
adopted any child so far. She enjoys good status and has sufficient
means of livelihood.

3. As reflected from documents, a female child namely
Miss Laxmi, now named as Sia Priyadarshini, born on 12.12.2009
and her sibling named Reshmi, now named as Miss Gauri
Priyadarshini, born on 12.10.2011 (herein-in-after referred to as “the
siblings”) have been declared legally free for adoption by the Child
Welfare Committee, VII, Nirmal Chhaya Complex, Jail Road, New
Delhi vide its order dated 25.02.2019.

4. The PAP being desirous of adopting the siblings as her
daughters, on 29.05.2019 custody of the siblings was handed over
by the petitioner to the PAP and since then, the siblings are being
brought up by the PAP as her own children and the PAP as well as
the siblings have developed a bond of love and affection with each
other.

5. As further pleaded by petitioner, the PAP has been
bringing up the siblings as her own children. PAP is a respectable
person, suffering with no disease or incapacity which would be
detriment to adopting and bringing up a child. PAP has no interest

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adverse to that of the siblings. Petitioner is satisfied that adoption of
the siblings by the PAP would be in the interest and welfare of the
child. Hence, the present petition.

6. After institution of the present petition, PAP appeared in
person. I interacted with PAPs and recorded the testimony of the
Director/Authorized Representative of the petitioner as PW1 and that
of the PAPs as RW1 and RW2. Further, interaction with the siblings
was also conducted. It was found that siblings are happy and
comfortable under the care of PAP.

7. In her testimony as PW1, Mrs. Saraswathi Nair, deposed
on oath the above mentioned contents of the petition and placed on
record the relevant documents as Ex PW1/1to Ex. PW1/8. PAP, in
her testimony as RW1 deposed on oath that she desires to adopt the
siblings as her daughters; that PAP took custody of the siblings from
petitioner on 29.05.2019 and since then she has been bringing up
the siblings as her daughters and has developed love and affection
for them; and she has no interest adverse to the interest of the
siblings. PAP placed on record the relevant documents as Ex. RW1/1
to Ex. RW1/8.

8. Statutory law related to adoptions is dealt with, amongst
other enactments, by chapter VIII of the Juvenile Justice (Care and
SectionProtection) Act, 2015, the basic purpose behind the process of
adoption being to ensure the right to family for the orphaned,
abandoned and surrendered children. Earlier, adoptions were
fundamentally governed by the Hindu Adoption and SectionMaintenance Act,
the Guardian and SectionWards Act and guidelines laid down by the Hon’ble

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Supreme Court of India in the case titled Lakshmi Kant Pandey Vs.
Union of India, AIR 1984 SC 469, on the basis whereof, Central
Adoption Resource Agency (CARA) came into existence. Upon
enactment of the Juvenile Justice (Care and SectionProtection) Act, 2015,
the Central Adoption Resource Agency was granted legislative
recognition and was reconstituted as Central Adoption Resource
Authority (CARA) vide Section 68 of the said Act. In the exercise of
powers conferred by clause (c) of Section 68 read with clause (3) of
Section 2 of the Juvenile Justice (Care and SectionProtection) Act, 2015,
Central Adoption Resource Authority framed Adoption Regulations,
2017, which have been notified by the Central Government on
04.01.2017.

9. Sections 56 to 73 of the Juvenile Justice Act, 2015,
forming chapter VIII of the Act deal with various aspects related to
adoption and lay down the mandate of law to operate as the testing
parameters to adjudge legality of an adoption.

10. Section 57 of the Act lays down the eligibility of the
prospective adoptive parents, to the effect that PAPs must be
physically fit, financially sound, mentally alert and highly motivated to
adopt a child for providing good upbringing to the child; that in case
of couple, consent of both spouses for adoption is required while a
single or divorced person can adopt subject to fulfillment of the
criteria and in accordance with the adoption regulations framed by
the authority, through a single male is not eligible to adopt a girl child.

11. Section 58 of the Act lays down the procedure for
adoption by the Indian PAPs living in India. As per the said

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procedure, Indian PAPs living in India desirous of adopting an
orphaned or abandoned or surrendered child may apply for the same
to the SAA, who shall prepare a Home Study Report of PAPs and
upon finding them eligible shall refer a child declared legally free for
adoption with the Child Study Report and Medical Report and on
receipt of acceptance of the child from the PAPs along with the Child
Study Report and Medical Report signed by PAPs, the SAA shall give
the child in pre-adoption foster care and shall file an application in
court for obtaining adoption order.

12. Section 61 of the Juvenile Justice Act, 2015 lays down
that before issuing an adoption order, the court shall satisfy itself that
the adoption is for welfare of the child, that due consideration has
been given to the wishes of the child, having regard to the age and
understanding of the child; that there has been no monetary
transaction or reward in consideration of the adoption, except by way
of adoption fees or service charges or child care corpus, as
contemplated by the Adoption Regulations.

13. The Specialized Adoption Agencies (SAA) derive their
existence from the recognition granted by the State Government in
accordance with the Adoption Regulations vide Section 65 (1) of the
Juvenile Justice Act for the purposes of rehabilitation or orphan,
abandoned and surrendered children through adoption and non-
institutional care. It is the duty of SAAs to get an orphan or
abandoned and surrendered child declared legally free for adoption
from the concerned Child Welfare Committee and also to complete
the Home Study Report of PAPs and to move application for
obtaining adoption order from the court within stipulated time. Failure

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on part of SAAs in fulfilling the said duties entails punishment and de-
recognition, as contemplated by Section 65 (4) of the Act.

14. Section 66 of the Juvenile Justice Act, 2015
contemplates that all the institutions registered under the Act shall
ensure that all orphan or abandoned or surrendered children under
their care are reported, produced and declared legally free for
adoption by the Child Welfare Committee.

15. In that regard, Section 38 of the Act lays down the
procedure for declaring a child legally free for adoption. In case of an
orphan and abandoned child, the Child Welfare Committee is under a
duty to make efforts for tracing out the parents or guardian of the
child and if after such enquiry, it is established that the child is either
an orphan or abandoned, the Committee shall declare the child
legally free for adoption and such a declaration has to be made
within a period of two months from the date of production of the child
aged up to two years and within four months for the child aged above
two years. In case of a surrendered child, the SAA or the child
supervising authority where the child has been placed by the
Committee on an application for surrender, shall bring the case
before the Committee immediately upon completion of two months of
surrender, as contemplated by Section 35 (3) of the Act and the
committee shall declare the child legally free for adoption.

16. Falling back to the present case, petitioner proved on
record the photocopy of certificate of registration/recognition of
applicant (OSR) as Ex. PW1/1, certificate of Child Welfare
Committee declaring the siblings free for adoption as Ex. PW1/2

GP No. 03/19 Children of the World Vs. Saloni Priyadarshini Page 6 of 9
(OSR); Home Study Report of PAP as Ex. PW1/3; Child Study
Report and Medical Examination Report of Miss Laxmi as Ex. PW1/4;
latest photograph of Miss Laxmi as Ex. PW1/5; Child Study report of
Miss Reshmi Medical examination report as Ex. PW1/6;
Photograph of Miss Reshmi as Ex. PW1/7 and Pre-Adoption Foster
Care Undertaking signed by PAP as Ex. PW1/8. PAP proved on
record CBSE certificate evidencing her date of birth as Ex RW1/1,
Medical certificate of the PAP Ex. RW1/2, Income Tax Return for
assessment year 2018-19 of the PAP as Ex. RW1/3; Photograph of
prospective adoptive parent as Ex. RW1/4, Photocopy of Aadhar
Card (OSR) of Prospective Adoptive Parent Ex. RW1/5; Photocopy of
PAN card of PAP (OSR) as Ex. RW1/6; Two reference letters as Ex.
RW1/7 8.

17. Certificate Ex. PW1/2 issued by Child Welfare
Committee, Nirmal Chaya Complex, Jail Road, New Delhi declares
the child legally free for adoption. As regards welfare of the child,
Home Study Report Ex. PW1/3 reflects that PAP, born on 07.04.1974
is working as a Senior Offshore Engineer with Shapoorji Pallonji Oil
Gas P Ltd and her gross annual income is Rs. 24,15,996/- and she
enjoys good status and has sufficient means of livelihood. The social
worker who carried out the Home Study Report of PAP has recorded
details of the history of PAP and parental families of PAP, finding the
said family close knit and successful. After recording extensive
details related to personal, professional and family history of PAP
traversing through her social and family environment, motivation to
adopt, health and housing etc, the social worker who carried out the
Home Study Report of PAP concluded that the PAP is suitable to face
upbringing and education of the siblings and she would give all her

GP No. 03/19 Children of the World Vs. Saloni Priyadarshini Page 7 of 9
affection, resources and capacity to help the siblings grow in
comprehensive manner since at a personal level PAP has high level
of maturity and stability; PAP has a very harmonious relationship as a
family; PAP does not suffer from any infectious, contagious or mental
illness that could prevent her from adopting the minors; PAP lives in
excellent conditions and environment, favourable for perfect
development of the children; and PAP has no criminal record. Proofs
of income Ex.RW1/3 filed by PAP reflects gross annual income of
PAP to be Rs. 24,15,996/- and medical fitness certificate Ex. RW1/2
of PAP reflect that she does not suffer from any medical ailment.
Home Study Report Ex. PW1/3 coupled with medical certificate Ex.
RW1/2 along with photograph Ex. RW1/4 amply establishes that PAP
is physically fit, financially sound, mentally alert and highly motivated
to adopt the siblings for providing them a good upbringing.

18. As mentioned above, I personally interacted with the
PAP. I find the PAP physically fit, financially sound and capable to
taking care of all the needs the siblings, who have been in her care
and custody since 29.05.2019 and have consequently developed
strong emotional bonding.

19. In view of above discussion, the petition is allowed and it
is directed that the child Miss Laxmi, now named Miss Sia
Priyadarshini born on 12.12.2009 and child Miss Reshmi, now
named as Miss Gauri Priyadarshini, born on 12.10.2011, be given in
adoption to the PAP namely Ms. Saloni Priyadarshini with effect from
11.09.2019. It is declared that henceforth the child Miss Laxmi, now
named Miss Sia Priyadarshini born on 12.12.2009 and child Miss
Reshmi, now named as Miss Gauri Priyadarshini, born on

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12.10.2011 are the adopted daughters of PAP namely Ms. Saloni
Priyadarshini, who has become adoptive parent of the siblings
henceforth. The concerned authorities shall accept date of birth of the
siblings as 12.12.2009 and 12.10.2011.

20. The petitioner shall file regular reports on post adoption
follow up in order to ascertain the progress and well being of the said
siblings, to this Court an envisaged under Section 59 (11) of the
Juvenile Justice Act for a period of two years, from the date of the
order.

21. The requisite certificate in respect of adoption of the
siblings, bearing photographs of the siblings and the adoptive parent
be issued. In order to maintain confidentiality, as laid down in the
case of Lakshmi Kant (supra), the entire record pertaining to the
present case be placed in sealed cover, not to be opened without
permission of the court and the entire sealed record be consigned to
records. Digitally signed
by NAROTTAM
NAROTTAM KAUSHAL
KAUSHAL Date: 2019.09.11
Announced in open court 16:32:44 +0530
on 11.09.2019
(Narottam Kaushal)
District Sessions Judge:

South West District
Dwarka Courts/Delhi

GP No. 03/19 Children of the World Vs. Saloni Priyadarshini Page 9 of 9

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