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2022 Supreme(Mad) 119

IN THE HIGH COURT OF JUDICATURE AT MADRAS
ABDUL QUDDHOSE, J.
Varshini illam Trust - Appellant
Versus
Nil - Respondent
O.P. No. 768 of 2021
Decided On : 19-01-2022

Headnote:

Juvenile Justice (Care and Protection of Children) Act 2015 - Section 56(1) r/w 12(2) - CARA Regulations - Regulations 18 (5), 24(5) and 36 - Appointment of petitioners 2 and 3 as parents of minor male child - Adoption by Child Welfare Committee - 1st petitioner is a registered Child Care Institution, which is having care and custody of minor male child - 1st petitioner has applied for renewal and it is being processed by the concerned statutory authorities for renewal. The petitioners 2 and 3 seek to adopt minor child whose date of birth is 07.01.2021 - Held, Regulation 24(5) also makes it clear that “in case the renewal of recognition of a Specialised Adoption Agency is pending, all the pending adoption cases shall be allowed to proceed subject to all other provisions of these regulations being fulfilled - This petition was filed only when the 1st petitioner’s licence was within validity period - Original petition is allowed.

JUDGMENT :

1. This petition has been filed under Section 56(1) of Juvenile Justice (Care and Protection of Children) Act 2015 (2 of 2016) read with Section 12(2) seeking for appointment of the petitioners 2 and 3 as parents of the minor male child Ranjith Kumar also known as P.Ranjan, whose date of birth is 07.01.2021. They have also sought for issuance of birth certificate for the minor child Ranjith Kumar also known as P.Ranjan as per the provisions of Sub-Regulations (5) of the Regulations 18 and Regulation 36 of CARA Regulations.

2. The 1st petitioner is a registered Child Care Institution, which is having the care and custody of the minor male child Ranjith Kumar also known as P.Ranjan, having date of birth as 07.01.2021.

3. The 1st petitioner is having the requisite statutory licence under the Juvenile Justice (Care and Protection of Children) Act 2015 (2 of 2016), which has been renewed periodically and even though it has got expired on 22.12.2021, learned counsel for the petitioners submits that the 1st petitioner has applied for renewal and it is being processed by the concerned statutory authorities for renewal. The petitioners 2 and 3 seek to adopt the minor child Ranjith Kumar also known as P.Ranjan, whose date of birth is 07.01.2021. The minor child Ranjith Kumar also known as P.Ranjan was surrendered by the biological mother who was a minor/unwed at Royapuram at Chennai on 18.02.2021 to the 1st petitioner for their temporary care and protection on 17.02.2021 and the said minor child was declared as legally free for adoption by the Child Welfare Committee, Tiruvallur by its order dated 23.04.2021.

4. The petitioners 2 and 3 were matched for the above minor child through CARA online system and subsequently they were given in foster care by the 1st petitioner on 01.09.2021 to the petitioners 2 and 3, who are taking care of the child very well till now on their own. The petitioners 2 and 3 are not blessed with a biological child and in such circumstances, they have sought to adopt the minor child Ranjith Kumar also known as P.Ranjan.

5. The 2nd petitioner is working as Painting Contractor and having an income of Rs.4,11,250/-p.a as seen from the petition filed in support of OP No.768 of 2021. The 3rd petitioner is a house wife. The petitioners 2 and 3 have pleaded that they have sufficient means to maintain the minor child and they have also undertaken to provide all facilities that are naturally given for a biological child.

6. Before the learned Master, Mr.R.Paninathan/2nd petitioner was examined as witness (P.W.1). In his deposition, he has reiterated the contents of the petition filed in support of O.P.No.768 of 2021. Through P.W.1, the following documents were marked as exhibits:-

Exhibits

Nature of the document

Ex.P-1

Original Order passed by the Child Welfare Committee, Tiruvallur dated 17.02.2021.

Ex.P-2

Original Deed of Surrender given by the biological mother dated nil.

Ex.P-3

Original Certificate given by the Child Welfare Committee, Tiruvallur dated 23.04.2021.

Ex.P-4

Online copy of registration acknowledgement letter dated 23.08.2018.

Ex.P-5

Original Home Study Report dated 27.08.2021.

Ex.P-6

Original Child Study Report dated 07.08.2021

Ex.P.7

Original Medical Examination Report of the Child dated 07.08.2021.

Ex.P.8

Original Pre-Adoption Fostercare Undertaking dated 01.09.2021.

Ex.P.9

Photocopy of the extract of Marriage Register dated 25.07.2021.

Ex.P.10

Original Medical Fitness Certificates, along with Laboratory Report, both dated 26.08.2021

Ex.P.11

Online copy of the Income Tax Return Acknowledgement for the assessment year 2020-21 along with attested true copy of the computation of total income as on 31.03.2020.

Ex.P.12

Photocopy of the Aadhar card of the 2nd petitioner, Paninathan,

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