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
2
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.
https://www.mhc.tn.gov.in/judis
3
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
https://www.mhc.tn.gov.in/judis
4
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
5
https://www.mhc.tn.gov.in/judis
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.