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Children Of World vs Unknown on 2 December, 2019

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

GP No. 07/2019

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

Versus
1. Sh. Bhim Sen Malhotra
S/o Sh. Subhash Chander

2. Mrs. Pooja Rani
W/o Sh. Subhash Chander

Both residents of :
944 VPO Lahli,
District Rohtak,
Haryana 124411
…. Proposed Adoptive Parents

Date of Institution : 20.11.2019
Date of Arguments : 23.11.2019
Date of Decision : 02.12.2019

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

JUDGMENT:

1. Applicant, a recognized Specialized Adoption Agency

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(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 the male child, namely Master Samar,
now named Master Madhav Malhotra born on 19.03.2019 in adoption
to the Prospective Adoptive Parents (PAP’s), as their son.

2. As pleaded by petitioner, PAP’s got married on
08.09.2005 and two daughters namely Miss. Chavi Malhotra was
born to them on 16.09.2006 and Miss Hiteshri Malhotra was born on
20.10.2011. PAP No. 1 born on 12.02.1981 is working as a Accounts
Clerk with Thermal Power Station, Panipat, Haryana and his annual
income is 5,28,516.00/- (as per income tax return) whereas PAP No.
2 born on 05.07.1980 is working as an Information Assistant (Data
entry Operator) with Civil Hospital, Kalanur, Rohtak and her monthly
income is Rs. 20,361.00/- and they enjoy good status and have
sufficient means of livelihood.

3. As reflected from documents, a male child namely
Master Samar, now named Master Madhav Malhotra, born on
19.03.2019 (herein-in-after referred to as “the child”) has been
declared legally free for adoption by the Child Welfare Committee,
VII, Nirmal Chhaya Complex, Jail Road, New Delhi vide its order
dated 13.09.2019.

4. The PAP’s being desirous of adopting the child as their
son, on 15.10.2019 custody of the child was handed over by the
petitioner to the PAP’s and since then, the child is being brought up
by the PAP’s as their own child and the PAPs as well as the child
have developed a bond of love and affection with each other.

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5. As further pleaded by petitioner, the PAPs have been
bringing up the child as their own child. PAPs are respectable
persons, suffering with no disease or incapacity which would be
detriment to adopting and bringing up a child. PAPs have no interest
adverse to that of the child. Petitioner is satisfied that adoption of the
child by the PAPs would be in the interest and welfare of the child.
Hence, the present petition.

6. After institution of the present petition, PAPs appeared in
person. This court 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. Interaction with the child was
not possible since child is aged less than five years. However, it was
observed that the child was comfortable with PAPs.

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 PW1/1 to Ex. PW1/6. PAP No.
1 in is testimony as RW1 deposed on oath that both PAPs desire to
adopt the child as their son; that PAPs took custody of the child from
petitioner on 15.10.2019 and since then they have been bringing up
the child as their son and have developed love and affection for him;
and they they have no interest adverse to the interest of the child.
PAP no. 1 placed on record the relevant documents as Ex. RW1/1 to
Ex. RW1/15. PAP No. 2 in her testimony as RW-2 supported the
testimony of PAP No. 1.

8. Statutory law related to adoptions is dealt with, amongst

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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
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

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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
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,

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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
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

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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 child free for adoption as Ex. PW1/2; Home
Study Report of PAPs as Ex. PW1/3; Child Study Report and Medical
Examination Report of child as Ex. PW1/4; latest photograph of the
child as Ex. PW1/5; and Pre-Adoption Foster Care Undertaking
signed by PAPs as Ex. PW1/6. PAP No. 1 proved on record school
certificate, issued by Board of School education, Haryana,
evidencing his date of birth as Ex RW1/1; School certificate of
Prospective Adoptive mother, issued by Board of School education,
Haryana, evidencing her date of birth as Ex. RW1/2; affidavits of
PAPs evidencing their marriage as Ex. RW1/3; Medical certificate of
prospective adoptive father as Ex. RW1/4; Medical certificate of
prospective adoptive mother as Ex. RW1/5; Income tax return for
assessment year 2019-20 of the prospective father as Ex. RW1/6;
Pay certificate of the prospective adoptive mother as Ex. RW1/7;
Photograph of the prospective adoptive parents with their natural
born daughters as Ex. RW1/8; Photocopy of Aadhar Cards (OSR) of
Prospective Adoptive Parents Ex. RW1/9 10; Photocopy of PAN
cards of PAP’s (OSR) as Ex. RW1/11 and 12; Two reference letters
as Ex. RW1/13 14; Consent letter of the biological daughters of the
prospective adoptive parents as Ex. RW1/15.

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,

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Home Study Report Ex. PW1/3 reflects that PAP No. 1, born on
12.02.1981 is working as an Account clerk with Panipat Thermal
Power Station, Panipat and his annual income is Rs. 5,28,516.00/-
whereas PAP No. 2 born on 05.07.1980 is working as an information
Assistant (Data Entry Operator) with Civil Hospital, Kalanaur, Rohtak
and her monthly income is Rs. 20,361/- and they enjoy good status
and have sufficient means of livelihood. The social worker who
carried out the Home Study Report of PAPs has recorded details of
the history of both PAPs and parental families of both PAPs, finding
the said families close knit and successful. After recording extensive
details related to personal, professional and family history of PAPs
traversing through their social and family environment, motivation to
adopt, health and housing etc, the social worker who carried out the
Home Study Report of PAPs concluded that the PAPs are suitable to
face upbringing and education of child and they would give all their
affection, resources and capacity to help the child grow in
comprehensive manner since at a personal level PAPs have high
level of maturity and stability; PAPs have a very harmonious
relationship as a family; PAPs do not suffer from any infectious,
contagious or mental illness that could prevent them from adopting a
minor; PAPs live in excellent conditions and environment, favourable
for perfect development of a child; and PAPs have no criminal record.
Proofs of income Ex.RW1/6 filed by PAP No. 1 reflects gross annual
income of PAP No. 1 to be 5,28,516/- and Ex. RW1/7 reflects the
monthly salary of Rs. 20,361/- of PAP No. 2 Further, medical fitness
certificates Ex. RW1/4 and Ex RW1/5 of PAPs reflect that they do not
suffer from any medical ailment. Home Study Report Ex. PW1/3
coupled with medical certificates Ex. RW1/4 and Ex. RW1/5 along
with photograph Ex. RW1/8 amply establish that PAPs are physically

GP No. 07/19 Children of the World Vs. Mr. Bhim Seh Malhotra Anr. Page 8 of 10
fit, financially sound, mentally alert and highly motivated to adopt a
child for providing her a good upbringing.

18. As mentioned above, I personally interacted with the
PAPs. I find the PAPs physically fit, financially sound and capable to
taking care of all the needs the child, who has been in their care and
custody since 15.10.2019 and has consequently developed strong
emotional bonding.

19. In view of above discussion, the petition is allowed and it
is directed that the child Master Samar, now named Master Madhav
Malhotra born on 19.03.2019 be given in adoption to the PAPs
namely Mr. Bhimsen Malhotra and his wife Mrs. Pooja Rani with
effect from 02.12.2019. It is declared that henceforth the child Master
Samar, now named Master Madhav Malhotra born on 19.03.2019 is
the adopted son of PAPs namely Mr. Bhimsen Malhotra and his wife
Mrs. Pooja Rani, who have become adoptive parents of the child
henceforth. The concerned authorities shall accept date of birth of the
child as 19.03.2019.

20. The petitioner shall file regular reports on post adoption
follow up in order to ascertain the progress and well being of the said
child 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 child
bearing photographs of the child and the adoptive parents be issued.
In order to maintain confidentiality, as laid down in the case of
Lakshmi Kant (supra), the entire record pertaining to the present

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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
Announced in open court KAUSHAL Date: 2019.12.04
12:11:33 +0530
on 02.12.2019
(Narottam Kaushal)
District Sessions Judge:
South West District
Dwarka Courts/Delhi

GP No. 07/19 Children of the World Vs. Mr. Bhim Seh Malhotra Anr. Page 10 of 10

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