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2012 Supreme(Bom) 89

D.G.KARNIK
Indian Association for Promotion of Adoption & Child Welfare – Appellant
Versus
Christopher Drury – Respondent


Advocates Appeared:
For the Petitioner:Mrs. Lalita Jaya Raj, Advocate.
For the Respondents:O. Harindran, Advocate.

Judgment :-

P.C:

1. Heard.

2. A short question that requires consideration in this petition is: Whether a couple, who already has adopted one girl child, is entitled to adopt another girl child under the Juvenile Justice (Care and Protection of Children) Act, 2000 (for short "Juvenile Justice Act")?

3. The bare facts necessary for decision are given below:

The petitioner is an Indian placement agency recognized by C.A.R.A. It has applied for permission to give a female minor "Tanishka" in adoption to the proposed adoptive parents. The proposed adoptive father is a person of Indian origin and holds a PIO Card bearing No. P 0186803. The proposed adoptive mother is an Overseas Citizen of India registered under no.A137572 at London on 14th June 2007. The proposed adoptive parents have already adopted one female child in the year 2008 from India (Foreign Adoption Petition No. 11 of 2008, allowed on 13th February 2008). They now want to adopt a second female child.

4. Sub-section (6) of section 41 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (for short "the Juvenile Justice Act") reads as under:

"41. Adoption.-

(1) ...

(2) ...

(3) ...

(4) ...

(5) ...

(6) The Court












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