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2022 Supreme(Online)(Mad) 70751

MADRAS HIGH COURT
Varshini Illam Trust – Appellant
Versus
No Respondent – Respondent
OP 484/2022



1

O.P.No. 484 of 2022

C.V.KARTHIKEYAN, J.

Petition filed under Section 56(i) of the Juvenile Justice [Care and

Protection of Children] Act, 2015 read with regulations 12(2) seeking

recognition and stamp of approval by this Court to appoint the second and

third petitioners as parents of the minor female child Varshini now known as

Joy Infancia, who was born on 15.09.2021.

2.

In the Petition, it had been stated that the first petitioner

represented by social worker Sankar Raj, is a specialised Adoption Agency as

stated under Section 65 of the Juvenile Justice [Care and Protection of

Children] Act 2015 by the State of Tamilnadu. It is permitted to rehabilitate

orphans and abandoned and surrendered child in accordnace with the

provisions of the Juvenile Justice Act and the regulations therein. A license

for in-Country adoption had been given by the Government of Tamil Nadu

and is in force. It is stated that the first petitioner is a registered child care

institution. They had taken custody of the minor female child Varshini now

known as Joy Infancia. Her date of birth is 15.09.2021. The second and

https://www.mhc.tn.gov.in/judis

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third petitioners have expressed willingness to take the child in custody. The

child was surrendered by biological mother to Child Welfare Committee on

17.09.2021. The child had been placed with the first petitioner for temporary

care and protection. She had been declared as legally free for adoption by the

Child Welfare Committee by an order dated 19.01.2022. After going through

the normal process, the second and third petitioners have renamed the child

as Joy Infancia. In view of these facts, the petition has been filed seeking the

reliefs thereunder.

3.

The parties were directed to tendered evidence. The second

petitioner A.Jayaseelan was examined as PW-1. The Surrender letter of the

biological mother was marked as Ex.P-1 and the temporary custody letter was

marked as Ex.P-2. The letter declaring that the child was free for adoption

was marked as Ex.P-3. The Home Study Report was marked as Ex.P-5 and

the child study report was marked as Ex.P-6. The free adoption foster care

undertaking was marked as Ex.P-8.

4.

The declaration of willingness was marked as Ex.P-18. The

photograph of the minor child Varshini was marked as Ex.P-19.

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5.

The social worker of the first petitioner Sankar Raj was

examined as PW-2 and his power of attorney was marked as Ex.P-21 and

photocopy of the certificate of registrtion of the first petitioner was marked as

Ex.P-23.

6.

This Court had thereafter directed the Master to note the

bondage between the second and third petitioners and the child. In his

notings, the Master had noted as follows:-

“When the parents entered into the Court,

the baby was in the arms of the father. The

mother called the baby and the baby at once

jumped to her mother. When the baby was kept

by the mother, the child raised the hands

showing his father expressing the wish to go to

him.

This Court is of the opinion after watching

the activities of the child, that the baby is much

comfortable with the parents and a bond of love

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and affection is very well established.”

C.V.KARTHIKEYAN, J.

Vsg

7.

I must place appreciation to the efforts taken by the learned

Master to record this fact of bondage between the child and the adoptive

parents.

8.

In view of the evidence recorded and also in view of the fact that

this Court is satisfied that the second and third petitioners have made out a

good case for being permitted to take on adoption the child, this Petition

stands allowed as prayed for.

Vsg

18.10.2022

O.P.No. 484 of 2022

https://www.mhc.tn.gov.in/judis

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https://www.mhc.tn.gov.in/judis

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