ORAL JUDGMENT :- This is a revision application filed by applicants against the order of learned Additional District Judge, Chandrapur, dated 1-22001, in Miscellaneous Civil Application No. 4512000 thereby rejecting their application under section 9(4) of the Hindu Adoption and Maintenance Act for grant of permission to get the child in question in adoption.

2. The applicant's were married on 10-4-1976. They were not blessed with a child. With a desire to adopt a child, they approached the non-applicant. The non-applicant runs the destitute children home known as 'AAJOL'. The non-applicant possesses certificate of recognition to adopt and to give child in adoption in welfare of the child.

3. Non-applicant organization informed the applicants that there was a female child born on 9-8-1999, namely 'Kranti' who was surrendered by her parents to the non-applicant on 22-8-1999. Kranti was with the non-applicant as an abandoned child since then. The parents of the said child had never attended the child thereafter.

The non-applicant canvassed the applicants, who were anxious to adopt a child to take Kranti in foster care as she needs good guardian for her nourishment and upbringing. The respondent also informed the applicants that Kranti can even be given in adoption to applicants if they were willing to adopt her, depending upon if Court would permit the same.

4. As a result of pursuation by non-applicant and moved by emotions seeing the condition of the abandoned girl child, the applicants who did not have a child of their own choice, took 'Kranti' in their foster care from non-applicants with effect from 29-5-2000, after completing all formalities required by law.

S. On 12-6-2000, applicants filed an application under section 9(4) of the Hindu Adoption and Maintenance Act, before the Additional District Judge, Chandrapur, for grant of permission to non-applicant to give the said surrendered child in adoption to the applicants.

6. Learned Additional District Judge, called for a Study Report from recognized institution vide order dated 15-7-2000.

The Scrutiny Officer submitted the report on 14-8-2000, which reveals as follows :-

Representation :

The proposed minor was born through legitimate relationship. The consent of natural parents need to be verified by this Hon'ble Court.

The period of reconsideration as per the CARA guideline is over in this case. The applicants are aged, having stable marriage, do not have biological child due to medical reasons. They have opted for a female child aged about 2 years. They are physically fit, mentally sound and have steady source of income to bring up the child. The child is in foster care of the applicants since 28-5-2000. The follow up report needs to be submitted prior to legalization. The placement is recommended and is for the kind consideration of this Hon'ble Court."

(quoted from Page 71 of C.R.A. Paper Book)

7. The Scrutinizing agency has furnished further report through letter dated 13-12-2000. The contents of the said report which refer to the biological parents of Kranti need not be referred here as those would result in disclosing the identity. It shall suffice to refer to the relevant points which are as follows:

(i) The biological parents who belonged to different caste had married in temple without disclosing it to respective parents. Both of them were unemployed when Kranti was born to them. Delivery of child had taken place in a private maternity home. The biological father had to marry his sister and disclosure of marriage would have posed problems, therefore, wanted that the marriage should not be disclosed to the parents and optionlessly, they had surrendered the child.

(ii) The mother of the child did not have option than to surrender the child, as the biological father had decided to do so.

(iii) The letters addressed by non-applicant to natural parents of the said child were received by the father only and was not received by the mother. The mother was not informed.

(i

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