The welfare of the child and the considerations for issuing an adoption order under the Juvenile Justice Act were central to the court's decision.

JUDGMENT

John Michael Cunha, J. - The rejection of petition filed by the petitioners under sections 56 and 61 of The Juvenile Justice (Care and Protection of Child) Act, 2015 r/w Regulation 52(4) and 55(2) of the Adoption Regulations, 2017 by the learned XIII Addl. City Civil and Sessions Judge, CCH-22, Bengaluru is challenged in this petition filed under Article 227 of the Constitution of India.

2. The facts emanate from the records are that the petitioner No.1 is the biological father of Master Tanush Gottipati. When the minor was barely a year old, his mother Mrs. Sundeepti Gottipati wife of petitioner No.1 passed away on 7.02.2010 in a road accident. Thereafter, petitioner No.1 married petitioner No.2 on 23.11.2012. Since then, petitioner No.2 looked after the minor as her own child and wished to recognize her as the legal mother by way of adoption of the minor child. With this end in view, petitioners registered their names in the Child Adoption Resource Information and Guidance System(CARINGS) vide registration No.RLK201811025934. As per regulation 52(1), they also provided permission for adoption before the Child Welfare Committee, Bengaluru (Annexure-E) and thereafter filed Miscellaneous petition No.25030/2019 before the learned XIII Addl. City Civil and Sessions Judge, Bengaluru seeking interalia that petitioner No.2 be declared as minor's adoptive mother alongwith petitioner No.1 i.e., biological father. Before the learned Sessions Judge, petitioner No.1 filed his affidavit in lieu of his examination-in-chief as PW-1 and petitioner No.2 filed her affidavit in lieu of her examination-in4 chief and produced 12 documents as Exs-P1 and P12. However, the learned Trial Judge by the impugned order dated 14.10.2019 dismissed the petition. The reasoning assigned by the learned Sessions Judge find place in para 11 of the impugned order which is extracted hereinbelow:-

11. "In the present case on hand the 1st petitioner who is a natural and biological father of the child 'Tanush Gottipati' he is fit, hale and healthy and he has resource to take care of his natural son. In view of petitioner No.1 married 2nd petitioner and she is step mother of 'Tanush Gottipati' and she can show her love, affection and extend care and protection towards her step son 'Tanush Gottipati'. Therefore when the biological father of Master 'TANUSH GOTTIPATI' who is petitioner No.1 is capable to take care of his son, the appointment of petitioner No.2 as adoptive parent of the said Master 'TANUSH GOTTIPATI' is not necessary. Moreover petitioners in their petition have not mentioned the reasons for giving the said Master 'TANUSH GOTTIPATI' in adoption to petitioner No.2, who is already mother in relation i.e., step mother of said Master 'TANUSH GOTTIPATI'. Therefore petitioner No.1 who is biological father of Master 'TANUSH GOTTIPATI' is capable of taking care of his son show love and affection, provide him good education to bring him up. Hence it is not proper for petitioner No.1 to give his natural son in adoption to step mother petitioner No.2 since already petitioner No.2 is step mother of Master 'TANUSH GOTTIPATI' . Hence, it is not proper to pass order for appointment of petitioner No.2 as adoptive parent of Master 'TANUSH GOTTIPATI'. Hence petitioners are not entitled for the relief sought in the petition. Hence I answer point Nos. 1 and 2 in Negative.

The said order is impugned in this petition.

3. I have heard the learned counsel for petitioner Sri. Karan Joseph and learned Amicus Curiae Ms.Syeda Saba and have considered the provision of law relied on by learned counsel and the decision of the Hon'ble Supreme Court in the case of STEPHANIE JOAN BECKER v. STATE AND OTHERS, (2013) 12 SCC 786 and PHAREZ JOHN ABRAHAM(DEAD) BY LRs. V. ARUL JOTHI SIVASUBRAMANIAM K. AND OTHERS,2019 SCCONLINESC 819.

4. Sections 56 and 61 of the Juvenile Justice Act makes provision for adoption by Step parent. Section 56(2) which is relevant for our purpose is extracted h