IN THE COURT OF MS. ASHA MENON : DISTRICT
SESSIONS JUDGE (SOUTH DISTRICT) : SAKET:
NEW DELHI
In the matter of :
CISGP052017
CNRDLST010084002017
SOS Children’s Villages of India,
Upvan,
B5/21, Safdarjung Enclave
New Delhi110019
Though its social worker Ms. Nelofer …. Petitioner
V E R S U S
1 Mr. Parshant Dutta,
Son of Sh. Dinesh Kumar
2 Mrs. Sona Dutta
Wife of Mr. Parshant Dutta
Both Residing at:
R/o VILLA16, Street 8, Springs 12,
Emirates Hills, Dubai,
UAE
Through their attorney
Mr. Kirpa Shankar Dubey,
SOS Children’s Villages of India,
A7, Nizamuddin West,
New Delhi110003 …. Respondents
Petition presented on : 30.10.2017
Arguments concluded on : 06.12.2017
Judgment on : 21.12.2017
JUDGMENT
1. This judgment shall dispose of a petition seeking that the
two minor children ‘Sanju’ now named as ‘Sarth Dutta’ born on
CISGP052017 SOS Children’s Villages of India Vs. Parshant Dutta Anr Page 1 of 18
20.02.2012 and his sibling ‘Pradeep’ now named as ‘Parth Dutta’ born on
20.08.2013 be given in adoption to the respondents Mr. Parshant Dutta
son of Mr. Sh. Dinesh Kumar and Mrs. Sona Dutta, wife of Mr. Parshant
Dutta, both residents of VILLA16, Street 8, Springs 12, Emirates Hills,
Dubai, UAE as their sons and that they be permitted to remove the minor
children outside the jurisdiction of this Court for their upbringing to
where the respondents reside, they being residents of Emirates Hills,
Dubai, UAE.
2. The SOS Children’s Villages of India, Upvan, B5/21,
Safdarjung Enclave, New Delhi, the petitioner, is a registered society,
registered as a Charitable Organization running its Orphanage Homes for
abandoned/destitute/handicapped children and duly recognized as an
agency for placing children in adoption by the Central Adoption Resource
Authority (hereinafter referred as CARA), Ministry of Women and Child
Development. The petition has been filed by Ms. Nelofer who has been
duly authorized by the petitioner society to sign, verify and institute the
petition under Section 59 (7) of Juvenile Justice (Care and Protection of
Children) Act, 2015, hereinafter referred to as the JJ Act.
3. The petition has been moved by the SOS Children’s
Villages of India, Upvan for adoption of two male children ‘Sanju’ now
named ‘Sarth Dutta’ ‘Pradeep’ now named ‘Parth Dutta’ born on
20.02.2012 20.08.2013 who was placed with the SOS Children’s
Villages of India and whom the petitioner desires to give in adoption to
Mr. Parshant Dutta and Mrs. Sona Dutta through their attorney Mr. Kirpa
Shankar Dubey, Director, SOS Children’s Villages of India, New Delhi.
4. It is submitted by the petitioner that a minor male child
‘Sanju’ now named as ‘Sarth Dutta’ was found by the police officials at the
CISGP052017 SOS Children’s Villages of India Vs. Parshant Dutta Anr Page 2 of 18
New Delhi Railway Station with his brother ‘Pradeep’ who had produced
the child before the Child Welfare Committee, Kalkaji, New Delhi. The
Child Welfare Committee, Kalkaji, New Delhi had handed over the care
and custody of both the children to the petitioner society. As the
whereabouts of the natural parents of both the children ‘Sanju’ ‘Pradeep’
were not known, the petitioner society filed an application before the
Child Welfare Committee, New Delhi for declaring the children as
abandoned children and free for adoption. The Child Welfare Committee,
Lajpat Nagar, New Delhi vide orders dated 13.06.2017 declared both the
minor children ‘Sanju’ ‘Pradeep’ as legally free for adoption. On the
basis of the medical examination, the date of birth of the children have
been determined as 20.02.2012 of ‘Sanju’ 20.08.2013 of ‘Pradeep’.
5. The petitioner further stated that the respondent no.1 Mr.
Parshant Dutta was 40 years old. The respondent no.2 Mrs. Sona Dutta
was 43 years old. They are of Indian origin and presently living at
VILLA16, Street 8, Springs 12, Emirates Hills, Dubai, UAE. The
respondents were married to each other on 18.02.2003. They were
blessed with one biological daughter named ‘Prisha’ born on 25.02.2008
but unfortunately, in 2015 she met with an accident and died. It is stated
that the respondent no.1 is employed in Information Technology as Vice
President in Movenpick Hotels and Resorts and his annual salary is
Rs.10,656,000+perks INR 1,150,000/. The respondent no.2 is MBA in
Human Resources and a House wife.
It is further submitted that the respondents are medically fit
and have neither suffered nor are suffering from any disease which would
make them unfit to bring up the children. It is submitted that the
prospective adoptive parents have been found eligible and suitable to
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adopt by the Authorized Foreign Adoption Agency/ “OMANA MENON”
UAE, based upon their Home Study Report and as per the law of the
country of their residence. The prospective adoptive parents have been
registered in the Child Adoption Resource Informative and Guidance
System by the Authorized Foreign Adoption Agency namely ‘OMANA
MENON’ by the Authorized Foreign Adoption Agency/Central
Authority. They have been found eligible by the Central Adoption
Resource Agency (CARA) as per the criteria mentioned in Section 57 of
Juvenile Justice Act and Regulation 5 of the Adoption Regulations.
6. It is also submitted that the above named children have been
referred to the said prospective adoptive parents online in Child Adoption
Resource Information and Guidance System through ‘OMANA MENON’
Dubai, UAE and have been accepted by the said prospective adoptive
parents by signing the Child Study report and Medical Examination
Report on 31.08.2017.
7. It is also submitted that the said Central Adoption Agency
has issued ‘No Objection Certificate’ on 22.09.2017 in favour of the
respondents for adopting both the children.
8. It has further been submitted by the petitioner that as per
law, the respondents have undertaken to send to the petitioner a progress
report and photographs of both the children every quarter for the first two
years and half yearly for the next three years until adoption is complete
and also undertake to bring up the children according to their status. It
has also been submitted by the petitioner that it is in the interest and
welfare of both the minor children if they are given in adoption to the
respondents and that no person has been appointed as guardian of the
children, neither has anyone else been granted permission to adopt the
CISGP052017 SOS Children’s Villages of India Vs. Parshant Dutta Anr Page 4 of 18
children and the respondents have no interest adverse to that of both the
minor children and that the petitioner is satisfied that the adoption of the
children by the respondents would be in the interest and welfare of both
the children who would have loving parents and a house to live in and a
sense of belonging.
9. The petitioner has submitted that this Court has jurisdiction
to pass Adoption Order as per the provisions of Sections 2(23), 59(7) and
61 of the Juvenile Justice (Care and Protection of Children) Act, 2015 as
amended.
10. Earlier the process of adoption was governed by CARA
guidelines issued in terms of the judgment of the Hon’ble Supreme Court
of India in Lakshmi Kant Pandey Vs. Union of India reported in AIR
1984 SC 469. Central Adoption Resource Authority came into existence
on the basis of these directions of the Hon’ble Supreme Court of India.
However, CARA is now a statutory body, setup vide the provisions of
Section 68 of JJ Act.
11. The adoptions were fundamentally governed by the Hindu
Adoption and Maintenance Act 1956, Guardian and Wards Act 1890 and
guidelines of the Hon’ble Supreme Court as laid down in Lakshmi Kant
Pandey Vs. Union of India (supra) where the children were to be
adopted by nonIndians, and the CARA guidelines. However, now,
adoption is governed by the Chapter 8 i.e. specifically Sections 56 to 73
of the JJ Act. Thus, this adoption would have to be scrutinized for
satisfaction of all the requirements of this chapter. The JJ Act recognizes
that adoption is to be resorted to for ensuring the right to a family for the
orphan, abandoned and surrendered child. Such adoption can be made
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irrespective of their religion or marital status, by the persons interested in
adopting the child. However, nothing in the Act is to apply to the
adoption of children made under the provisions of Hindu Adoption and
Maintenance Act 1956.
12. Under Section 57 of the Act, the Prospective Adoptive
Parents are to be physically fit, financially sound, mentally alert and
highly motivated to adopt a child for providing a good upbringing to the
child. Both the spouses, in case of a couple, have to consent for the
adoption, provided that they fulfill the criteria under the Adoption
Regulations. A single or divorced person can also adopt a child.
13. This is a case in which the Prospective Adoptive Parents
(hereinafter referred as PAPs) are Non Resident Indians. Therefore, the
procedure for adoption of the children will be governed by Section 59 of
the JJ Act. As per the provisions of Section 59 of the JJ Act, if an orphan
or abandoned or surrendered child could not be placed with an Indian or
nonresident Indian PAP despite the joint effort of the Specialized
Adoption Agency (SAA) and State Agency (SARA) within 60 days from
the date the child has been declared legally free for adoption, such child
shall be free for intercountry adoption. An eligible nonresident Indian
or overseas citizen of India or persons of Indian origin shall be given
priority in intercountry adoption of Indian children over foreigners.
14. Under Section 59(3) of the JJ Act, an NRI or overseas
citizen of India, or person of Indian origin or a foreigner who are PAPs
living abroad, irrespective of their religion, if interested to adopt an
orphan or abandoned or surrendered child from India, may apply for the
same to an authorized foreign adoption agency, or Central Authority or a
concerned Government department in their country of habitual residence,
CISGP052017 SOS Children’s Villages of India Vs. Parshant Dutta Anr Page 6 of 18
as the case may be, in the manner as provided in the adoption Regulations
by the CARA. The authorized foreign adoption agency or Central
Authority or a concerned Government department, as the case may be,
shall prepare the Home Study report of such PAPs and upon finding them
eligible, will sponsor their application to the CARA for adoption of a
child from India in the manner as provided in the adoption Regulations by
the CARA.
15. Under Sub Section 5 of Section 59 of the JJ Act, on receipt
of the application of such PAPs, the CARA shall examine it and if it finds
the applicants suitable, then, it will refer the application to one of the
Specialized Adoption Agencies, where the children legally free for
adoption are available and the SAA will match a child with such PAPs
and send the Child Study Report and Medical Report of the children to
such parents, who in turn may accept the children and return the Child
Study and Medical report duly signed by them to the said SAA. On
receipt of such acceptance of the child from the PAPs, the SAA shall file
an application for obtaining the adoption order from the Court as per Sub
Section 5 of Section 59 of the JJ Act. Chapter 4 of the Regulations
provide for the adoption procedure for nonresident Indian or overseas
citizen of India which is the same as for the foreign prospective adoptive
parents.
16. On receipt of a certified copy of the Court order, the SAA
shall send immediately the same to CARA, State Agency and to the PAPs
to obtain the passports for the children. The CARA shall intimate about
the adoption to the immigration authorities of India and the receiving
country of the children.
17. Under Sub section 10 of Section 59 of the JJ Act, the PAPs
CISGP052017 SOS Children’s Villages of India Vs. Parshant Dutta Anr Page 7 of 18
shall receive the children in person from the SAA as soon as the passport
and visa are issued to the child.
18. The authorized foreign adoption agency or Central
Authority or the concerned Government department, as the case may be,
shall ensure the submission of the progress report about the children in
the adoptive family and will be responsible for making alternative
arrangement in case of any disruption, in consultation with CARA and
the concerned Indian diplomatic mission, in accordance with the adoption
Regulations.
19. Before the Court issues an adoption order under Section 61,
the Court is to satisfy itself that :
(a) the adoption is for the welfare of the child;
(b) due consideration is given to the wishes of the
child having regard to the age and understanding
of the child;
(c) no consideration has been paid for the
adoption.
20. Section 63 declares the effect of adoption. A child in
respect of whom an adoption order is issued by the court, shall become
the child of the adoptive parents and the adoptive parents shall become
the parents of the child as if the child had been born to the adoptive
parents for all purposes including intestacy with effect from the date on
which the adoption order takes effect and on and from such date all the
ties of the children in the family of her birth shall stand severed and
replaced by those created by the adoption order in the adoptive family.
21. As regards the SAA, Section 65 provides that the State
Government shall recognize institutions or organizations as SAA for
rehabilitation of orphan, abandoned or surrendered children through
CISGP052017 SOS Children’s Villages of India Vs. Parshant Dutta Anr Page 8 of 18
adoption and noninstitutional care. It is for the SAA to get an orphan,
abandoned or surrendered child legally free for adoption from the
concerned Child Welfare Committee, completing the Home Study Report
of the PAPs and also moving the application for obtaining the adoption
order from the Court within the stipulated time.
22. Under section 66, all the institutions registered under the JJ
Act are also to report orphan, abandoned and surrendered children under
their care and also produce and get them declared legally free for
adoption by the Child Welfare Committee and to develop formal linkages
with the SAA for these purposes.
23. Section 38 of the JJ Act provides that an orphan or
abandoned child has to be produced before the Child Welfare Committee
and the Child Welfare Committee is to make all the efforts for tracing the
parents of the child and if on completion of such inquiry, it is established
that there is no one to take care of the child, the Committee is to declare
the child legally free for adoption. Such declaration has to be made within
a period of two months from the date of production of the child, for
children who are upto two years of age and within four months for
children above that age.
24. The children who have been surrendered before the Child
Welfare Committee or an institution are also to be declared legally free
for adoption after the Committee considers the application under Section
35 moved by the parent or guardian or the institution stating the reasons
being physical, emotional and social factors, for surrender of the children
by such parent or guardian. The Committee is to counsel the parent or
guardian and must give ‘two months’ time to the parent or guardian to
reconsider their decision while keeping the child in the interregnum with
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an SAA, if the child is below six years of age or a Children’s home if the
child is above 6 years. Once the Committee is satisfied, a surrender deed
shall be executed by the parent or guardian before the Committee. After
this the Committee may declare the child legally free for adoption. This
decision has to be taken by atleast three members of the Committee.
25. Thus, it may be seen that for adoption under Section 59 of
the JJ Act, the prerequisites are declaration of the Children to be legally
free for intercountry adoption; the joint efforts of SAA and SARA to
place the child in India with an Indian family within 60 days from the
date the child has been declared legally free for adoption; on failure to
obtain an Indian parent for the child within 60 days to look for PAPs who
are NRI, overseas citizen of India, or person of Indian origin or in their
absence a foreigner; PAPs who are interested to adopt an orphan or
abandoned or surrendered child from India may apply for the same to an
authorized Foreign adoption agency and therefore the declaration must be
on record; the authorized foreign adoption agency or Central Authority is
to prepare the Home Study report and upon finding the PAPs eligible,
will have to sponsor the application and thus the Home Study report and
the sponsorship application must be on record; CARA has to refer the
application of PAPs received from the Foreign Adoption Agency, to the
SAA, on receipt of such application from the PAPs through the
authorized Foreign Adoption Agency SAA will match a child with the
PAPs and send the Child Study report and the medical report of the child
to the PAPs : all these must also be available on the record; the
acceptance of the Child Study report and the Medical report by the PAP
must also be on the record.
Once all of the documentation is done, only thereafter the
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SAA, like the petitioner society in the present matter, can file an
application for obtaining the adoption order.
26. The petitioner has examined Ms. Nelofer, its social worker
as PW1. It has also examined Mr. Kripa Shankar Dubey, Director, SOS
Children’s Villages of India as RW1 on behalf of the respondents Mr.
Parshant Dutta and Mrs. Sona Dutta.
27. Through her testimony, Ms. Nilofer as PW1 has brought on
record her affidavit as Ex. PW1/A and has stated that she was working as
social worker in the petitioner society i.e. SOS Children’s Villages of
India, at B5/21, Safdarjung Enclave, New Delhi. She has deposed that
the minor male child named ‘Sanju’, now named ‘Sarth Dutta’ born on
20.02.2012, was found abandoned at New Delhi Railway Station with his
brother namely ‘Pradeep’ now named ‘Parth Dutta’ born on 20.08.2012 by
the police officials, who produced both the child before the Child Welfare
Committee. The Child Welfare Committee, New Delhi handed over the
custody of both the children to the petitioner society. The petitioner
society filed an application before the Child Welfare Committee, New
Delhi for declaring both the children as an abandoned children and free
for adoption. She has placed on record the order declaring both the
children legally free for adoption issued by the three members of the
Child Welfare Committee, Lajpat Nagar, New Delhi dated 13.06.2017 as
Ex. PW1/1 and Ex.PW1/2. PW1 Ms. Nelofer has also placed on record
the No Objection Certificate issued by CARA as Ex. PW1/3. The
recognition certificate of the petitioner’s society is Ex.PW1/4. The Child
Study Reports of both minor child ‘Sanju’ and ‘Pradeep’ prepared by the
social worker of the petitioner alongwith medical certificate are Ex.
PW1/5 Ex.PW1/6 (Colly). PW1 Ms. Nelofer has also proved on
CISGP052017 SOS Children’s Villages of India Vs. Parshant Dutta Anr Page 11 of 18
record the latest photograph of the child namely ‘Sanju’ now named ‘Sarth
Dutta’ as Ex. PW1/7 and the latest photograph of the child namely
‘Pradeep’ now named ‘Parth Dutta’ as Ex. PW1/8. She has also stated that
the petitioner has no objection, if the respondents no. 12 are allowed to
adopt both the children.
28. Mr. Kripa Shankar Dubey, Director, SOS Children’s Village
of India, has brought on record his affidavit Ex.RW1/1 and has also
placed on record the power of attorney executed by the respondent nos. 1
and 2 as Ex. RW1/1 and has deposed that he is working as Director in the
petitioner Society and that he had been appointed by the respondents as
their attorney to pursue this adoption. He has placed on record the Home
Study Report as Ex. RW1/2 (colly). He has also placed on record the
joint photograph of the respondents as Ex. RW1/3 (colly). He has also
placed on record the passports of the proposed adoptive parents as
Ex.RW1/4 and Ex.RW1/5 (colly). He has also placed on record the
marriage certificate of the respondents as Ex.RW1/6. He has also placed
on record the medical certificates of the respondents as Ex.RW1/7
Ex.RW1/8 (colly). He has also placed on record infertility certificates of
both the respondents as Ex.RW1/9 (colly). He has also placed on record
the salary slip of the proposed adoptive father as Ex.RW1/10 (colly).
He has also placed on record the bank account statement of
adoptive father as Ex.RW1/11. He has also placed on record reference
letters as Ex.RW1/12 (colly). He has also placed on record police
clearance certificates of proposed adoptive parents as Ex.RW1/13
Ex.RW1/14 (colly). He has also placed on record resident proof of
proposed adoptive parents as Ex.RW1/15 Ex.RW1/16 (colly). He has
also placed on record the copy of degree of B.com (pass) from Delhi
CISGP052017 SOS Children’s Villages of India Vs. Parshant Dutta Anr Page 12 of 18
University of proposed adoptive father as Ex.RW1/17 (colly). He has
also placed on record the Post Graduate Diploma Certificate in Business
Management of proposed adoptive mother as Ex.RW1/18. He has also
placed on record the certificate given by the sponsoring agency verifying
all the documents as Ex.RW1/19. He has also placed on record a letter
regarding change of names of both minor children as Ex.RW1/20. He has
also placed on record the undertaking given by the sister of the proposed
adoptive mother and her husband as RW1/21. He has also placed on
record the undertaking given by the proposed adoptive parents as
Ex.RW1/22 and undertaking given by the Foreign Sponsoring agency as
Ex.RW1/23.
All These documents are duly notarized, authenticated and
apostilled. RW1 has stated that it would be in the interest and welfare of
the minor in case the respondents are approved and authorized to adopt
both the minor children. The respondents have no adverse interest to that
of both the minor children.
29. The undersigned has interacted with both the children
namely ‘Sanju’ now named as ‘Sarth Dutta’ and his sibling ‘Pradeep’ now
named as ‘Parth Dutta’ and the prospective adoptive mother and noticed
that the children are very happy in the company of the prospective
adoptive mother. The children were aware of the relationship and were
eager to be in the company of the adoptive family. It was informed that
the prospective mother has been residing with her inlaws in Delhi and
had been given temporary custody of the children since 12.10.17. After
the interaction the statement of the prospective mother was also recorded
as RW.2. From the interaction between the PAP and the children, it was
apparent that the children were very comfortable with the prospective
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adoptive mother and the grand parents. This Court is satisfied that both
the children, who have been introduced to the prospective adoptive
family have emotionally bonded with them and is happy in their
company.
The home study report and the social financial and
educational background establish the eligibility of the PAPs. In these
circumstances, this Court is satisfied that the best interest of both the
children are served, if the adoption is approved and the child ‘Sanju’
‘Pradeep’ are given in adoption to the respondents no.1 and 2 i.e. Mr.
Parshant Dutta and Mrs. Sona Dutta.
30. The documents brought on record are as per the
requirements of the JJ Act. Both the children have been declared free for
adoption by the Child Welfare Committee, Lajpat Nagar, New Delhi
(now District South East) vide its orders dated 13.06.2017; the CARA has
certified that the Foreign Adoption Agency namely ‘OMANA MENON’
UAE is recognized by the CARA. The Foreign Adoption Agency namely
‘OMANA MENON’ UAE has given approval of the adoption process
vide Ex. PW1/2.
31. The Home Study Report carried out by the team of the
Foreign Adoption Agency namely ‘OMANA MENON’ UAE for the
Family and Child’s Welfare has been placed on record and has notified
that the respondents are considered capable of adopting a child between
02 to 04 years of age from India and this certificate is Ex. RW1/2. This
certificate was issued on 06.02.2014. Ex. RW1/10 is the declaration of
financial status of the respondent no.1 reflecting that respondent no.1 is
working as a VP Information TechnologyAfrica with Movenpick Hotels
Resorts with an annual income of Rs.10,656,000+perks INR
CISGP052017 SOS Children’s Villages of India Vs. Parshant Dutta Anr Page 14 of 18
1,150,000/. The two reference letters of respondents no. 1 and 2 are Ex.
RW1/12 (Colly). The medical certificates qua respondent nos. 1 and 2 are
Ex.RW1/7 (respondent no.1) and Ex.RW1/8 (respondent no.2) are also
satisfactory. Thus, their capacity to adopt the child as required under
Section 61 of the Act are also met.
32. The Home Study Report shows that respondent nos. 1 and 2
are educated and well placed in life. Their family is aware of the
adoption process and are supportive of their decision. The family is also
willing to contribute to development, protection and care of the minors.
The respondents have given the assurance that they would take care of the
minors as natural born children. The Foreign Adoption Agency namely
‘OMANA MENON’ UAE vide its undertaking Ex. RW1/23 has
undertaken to report the progress of the adopted children in the prescribed
performa and to the Indian Diplomatic Mission in Dubai, UAE along with
the photographs of the children after the children arrives in the home of
the adoptive parents and on a quarterly basis during the first year and on
half yearly basis for the next two years to the Ministry of Welfare,
Government of India/CARA and to ensure that the child will receive care,
protection and rehabilitation through the child protection services of
Dubai, UAE in the event of adjustment problem of the children with the
adoptive family.
33. The respondents have also assured through their signed and
sworn statements Ex. RW1/22 that they confirm their willingness to
adopt both the minor children and as mentioned in the Child Study Report
and the Medical Report and on the basis of the photographs of both the
minor children namely ‘Sanju’ now named ‘Sarth Dutta’ and ‘Pradeep’ now
named ‘Parth Dutta’ and having understood the same and were willing to
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accept the minors in adoption. The Foreign Adoption Agency namely
‘OMANA MENON’ UAE vide its undertaking Ex. RW1/23 has
undertaken to report the progress of the adopted children in the prescribed
performa and to the Indian Diplomatic Mission in Dubai, UAE along with
the photographs of the children after the children arrive in the home of
the adoptive parents and on a quarterly basis during the first year and half
yearly for the next two years, and to ensure that the children will receive
care, protection and rehabilitation through the child protection services of
Dubai, UAE in the event of adjustment problem of the child with the
adoptive family and that in case of any adjustment problem that comes to
the notice of the authorized foreign adoption agency or the foreign
Central Authority on the basis of the progress report or in course of post
adoption home visits, the necessary counselling shall be arranged for
them as the adoptive parents and for their adopted sons and if it is found
that the both children are unable to adjust in the adoptive family or that
the continuance of the children with them as the adoptive family is not in
the interest of the children, the authorized foreign adoption agency or the
Foreign Central Authority or the concerned Government Department
shall withdraw the children and provide necessary counselling and shall
arrange for suitable alternate adoption or foster placement of the child in
UAE, Dubai in consultation with the Indian diplomatic mission and
CARA. The PAPs have also recorded that they understood and accepted
that in the event of adjustment problem of the children with them, the
children would be entitled to receive care, protection and rehabilitation
through the child protection services of the UAE.
34. Since all the statutory requirements have been fulfilled by
the petitioner society and the respondents and since the documents on
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record disclose that both the children ‘Sanju’ now named ‘Sarth Dutta’ and
‘Pradeep’ now named ‘Parth Dutta’ have been validly declared free for
adoption and the Home Study Report of the respondents reflects their
social, medical and financial soundness and in the light of the interaction
this Court had with both the children and the prospective adoptive
mother, the Court finds it would be in the best interest of both the minor
children ‘Sanju’ now named ‘Sarth Dutta’ and ‘Pradeep’ now named ‘Parth
Dutta’ that they be given in adoption to the respondents Mr. Parshant
Dutta and Mrs. Sona Dutta. The respondents Mr. Parshant Dutta and
Mrs. Sona Dutta and the authorised Foreign Adoption Agency namely
‘OMANA MENON’ shall remain bound by the undertakings they have
submitted. Thus, there is no impediment, legal or otherwise, in allowing
the petition.
35. The Court orders that both the children named ‘Sanju’ now
named ‘Sarth Dutta’ born on 20.02.2012 and ‘Pradeep’ now named ‘Parth
Dutta’ born on 20.08.2013 be given in adoption to the respondents no.1
2 Mr. Parshant Dutta and Mrs. Sona Dutta w.e.f. 21.12.2017. The
children ‘Sanju’ now named ‘Sarth Dutta’ and ‘Pradeep’ now named ‘Parth
Dutta’ shall become the adopted children of the respondents no. 1 2 and
the respondents no.1 2 Mr. Parshant Dutta and Mrs. Sona Dutta will
become the adoptive parents of both the children ‘Sanju’ now named
‘Sarth Dutta’ and ‘Pradeep’ now named ‘Parth Dutta’ w.e.f. 21.12.2017.
36. The petitioner SOS Children’s Villages of India and the
CARA shall file quarterly reports on the progress of both the children
‘Sanju’ now named ‘Sarth Dutta’ and ‘Pradeep’ now named ‘Parth Dutta’ to
the Court for a period of two years from the date of this order. The
concerned authorities may accept the date of birth of the child ‘Sanju’ now
CISGP052017 SOS Children’s Villages of India Vs. Parshant Dutta Anr Page 17 of 18
named ‘Sarth Dutta’ as 20.02.2012 and that of ‘Pradeep’ now named ‘Parth
Dutta’ as 20.08.2013 for issuance of the birth certificates and other legal
documents.
37. The required certificate in respect of the adoption may be
issued with the photographs of both the children and parents. File be
consigned to record room.
Announced in open Court
on 21.12.2017. (Asha Menon)
District Sessions Judge
South, Saket Courts, New Delhi
CISGP052017 SOS Children’s Villages of India Vs. Parshant Dutta Anr Page 18 of 18