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Sos Children’S Villages Of India vs Unknown on 4 January, 2019

IN THE COURT OF SHRI GIRISH KATHPALIA,
DISTRICT SESSIONS JUDGE
SOUTH EAST : SAKET COURT, NEW DELHI.

G.P. NO. 15/2018

SOS CHILDREN’S VILLAGES OF INDIA,
SOPAN 374, 2nd FLOOR, MANDAKINI ENCLAVE,
ALAKNANDA, NEW DELHI 110019
THOUGH ITS SOCIAL WORKER MRS. SHAILJA SINGH
…APPLICANT

VERSUS

1. Mr. MANISH KUMAR
S/o SHRI CHUNNILAL

2. Mrs. BALWINDER KAUR
W/o SHRI MANISH KUMAR
BOTH R/o H. No. B­16/227/2,
SHIV NIKETAN, NAWASHAHR
(SBS NAGAR) PUNJAB
…PROPOSED ADOPTIVE PARENTS

Date of filing : 27.10.2018
First date before this court : 29.10.2018
Arguments concluded on : 21.12.2018
Date of Decision : 04.01.2019

APPEARANCE : Ms. Diksha Ahuja, counsel for applicant

JUDGMENT

1. Applicant, a recognized Specialized Adoption Agency
(SAA) has brought the present petition under the provisions of

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Section 58, Juvenile Justice (Care and Protection of Children) Act
2015, seeking permission to give the male child, namely Ambar,
now named Abhinav, born on 04.09.2014 in adoption to the
Prospective Adoptive Parents (PAPs) as their son.

2. As pleaded by petitioner, being Hindu by religion,
PAPs got married on 10.05.1998 according to Hindu rites and
ceremonies. PAP No. 1 is self employed and running a tea stall and
his gross annual income is Rs. 2,70,000/­ whereas PAP No. 2 is
housewife and they enjoy good status and have sufficient means of
livelihood.

3. As further pleaded by petitioner, on 19.09.2017, a male
child namely Ambar, now named Abhinav, (hereinafter referred to
as the child), born on 04.09.2014 was found abandoned at a platform
at Hazart Nizzamuddin Railway Station, New Delhi and was
immediately rescued by the police officials and was produced before
the Child Welfare Committee, Kalkaji, who handed over the care
and custody of the child to the petitioner society. The petitioner
filed an application before the Child Welfare Committee (CWC) for
getting the child declared free for adoption. After conducting
inquiry, Child Welfare Committee, New Delhi vide order dated
19.09.2017 declared the child free for adoption. Till date the child
has not been claimed by anyone and is free for adoption.

GP No. 15/2018 SOS Children’s Villages of India vs Manish Kumar Anr. Page 2 of 11 pages

4. The PAPs being desirous of adopting the child as their
son, on 17.09.2018 custody of the child was handed over by the
petitioner to the PAPs and since then, the child is being brought up
by the PAPs as their own child and the PAPs as well as the child
have developed a bond of love and affection with each other.

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. I interacted with PAPs and recorded the testimony of the
social worker of petitioner as PW1 and that of the PAPs as RW1
and RW2. Interaction with the child was not possible since child is
aged about four years, though I saw the child brought by the PAPs.

7. In her testimony as PW­1, Ms. Shailja Singh, the social
worker of the petitioner deposed on oath the above mentioned
contents of the petition and placed on record the relevant documents

GP No. 15/2018 SOS Children’s Villages of India vs Manish Kumar Anr. Page 3 of 11 pages
as Ex. PW1/1 to Ex. PW1/5. PAP no. 1 in his 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
17.09.2018 and since then they have been bringing up the child as
their son and have developed love and affection for him; and that
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.
RW1/6. PAP no. 2 in her testimony as RW­2 supported the
testimony of PAP no. 1.

8. Statutory law related to adoptions is dealt with,
amongst other enactments, by chapter VIII of the Juvenile Justice
(Care and Protection) 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
Maintenance Act, the Guardian and Wards 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 Protection) 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

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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
Protection) 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, though 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

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to a 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 pre­adoption 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 of orphan,
abandoned and surrendered children through adoption and non­
institutional care. It is the duty of SAAs to get an orphan or
abandoned or surrendered child declared legally free for adoption
from the concerned Child Welfare Committee and also to complete

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the Home Study Report of the PAPs and to move application for
obtaining adoption order from the court within stipulated time.
Failure on the part of SAAs in fulfilling the said duties entails
punishment and de­recognition, 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

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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 certificate of Child Welfare Committee declaring the
child free for adoption as Ex. PW1/1; Home Study Report of PAPs
as Ex. PW1/2; Child Study Report of the child as Ex. PW1/3; latest
photograph of the child as Ex. PW1/4; and copy of recognition
certificate of petitioner as Ex. PW1/5. PAP no. 1 proved on record
photocopy of Aadhar card of PAPs as Ex. RW1/1 and Ex. RW1/2
respectively; photocopy of the ITR of RW1 as Ex. RW1/3; medical
certificates of PAPs as Ex. RW1/4 and Ex. RW1/5; and their joint
photograph as Ex. RW1/6. PAP no. 2 in her testimony as RW2
supported the testimony of PAP no. 1.

17. Certificate Ex. PW1/1 issued by Child Welfare
Committee, Kalkaji New Delhi, declares the child legally free for
adoption. As regards welfare of the child, Home Study Report Ex.
PW1/2 reflects that PAP no. 1, born on 14.12.1976 is self employed
with gross annual income of Rs. 1,20,000/­ approximately whereas
PAP No. 2 born on 01.05.1978 is housewife 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

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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. Proof of income Ex. RW1/3 filed by
PAP no. 1 reflects his gross annual income to be Rs. 2,43,518/­ and
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. PW1/2 coupled with medical certificates Ex. RW1/4 and
Ex. RW1/5 along with photograph Ex. RW1/6 amply establish that
PAPs are physically fit, mentally alert and highly motivated to adopt
a child for providing him a good upbringing.

18. As mentioned above, I personally interacted with the
PAPs and saw the child who is aged about four years. I find the
PAPs physically fit, financially sound and capable of taking care of

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all the needs of the child, who has been in their care and custody
since 17.09.2018 and has consequently developed strong emotional
bonding.

19. In view of above discussion, the petition is allowed and
it is directed that the child Ambar, now named Abhinav, born on
04.09.2014 be given in adoption to the PAPs namely Mr. Manish
Kumar and his wife Mrs. Balwinder Kaur with effect from
04.01.2019. It is declared that henceforth the child Ambar, now
named Abhinav, born on 04.09.2014 is the adopted son of PAPs
namely Mr. Manish Kumar and his wife Mrs. Balwinder Kaur, who
have become adoptive parents of the child henceforth. The
concerned authorities shall accept date of birth of the child as
04.09.2014.

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 as 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

GP No. 15/2018 SOS Children’s Villages of India vs Manish Kumar Anr. Page 10 of 11 pages
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 record
room.

Announced in the open court on
this 04th day of January 2019 (GIRISH KATHPALIA)
District Sessions Judge
Digitally signed South East, Saket Courts
by GIRISH
KATHPALIA New Delhi 04.01.2019 (a)
GIRISH
Date:
KATHPALIA 2019.01.07
14:45:42
+0530

GP No. 15/2018 SOS Children’s Villages of India vs Manish Kumar Anr. Page 11 of 11 pages

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