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2022 DIGILAW 156 (MAD)

Varshini illam Trust v. Nil

2022-01-19

ABDUL QUDDHOSE

body2022
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. 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, bearing No.7522 7486 9583 Ex.P.13 Photocopy of the Aadhar card of the 3rd petitioner Gracemary P, bearing No.8929 5146 2436 Ex.P.14 Photocopy of the PAN card of the 2nd petitioner R.Paninathan bearing No.ERAPP9288N. Ex.P.15 Photocopy of the PAN card of the 3rd petitioner P.Gracemary bearing No.EDVPP63161 Ex.P.16 Photocopy of the Education Certificate given by Headmaster, Dr.Ambedkar Govt. A.D.W Hr.Sec.School, Nallammalpuram, Tirunelveli District in respect of the 2nd petitioner. Ex.P.17 Photocopy of the Transfer Certificate bearing Serial No.258483 issued by the Principal, Sri Meenakshi Govt. College for Women, Madurai in respect of the 3rd petitioner. Ex.P.18 Joint Declaration of willingness given by the petitioners 2 and 3. Ex.P.19 Photograph of minor child Ranjith Kumar now known as P.Ranjan along with compact disc. 7. Ex.P.17 Photocopy of the Transfer Certificate bearing Serial No.258483 issued by the Principal, Sri Meenakshi Govt. College for Women, Madurai in respect of the 3rd petitioner. Ex.P.18 Joint Declaration of willingness given by the petitioners 2 and 3. Ex.P.19 Photograph of minor child Ranjith Kumar now known as P.Ranjan along with compact disc. 7. Mr.K.Sankar Raj, a Social Worker employed with the first petitioner Child Care Institution and also a Power Agent of the 1st petitioner has also been examined as witness (P.W.2). Through P.W.2, the following documents were marked as exhibits:- Exhibits Nature of the document Ex.P-20 Photocopy of the Trust Deed dated 09.04.2014. Ex.P-21 Photocopy of the Power of Attorney dated 29.09.2021. Ex.P-22 Affidavit of Sankar Raj dated 25.11.2021. Ex.P-23 Photocopy of the Certificate of Recognition given by the Government of Tamil Nadu dated 23.12.2016 along with photocopy of the letter dated 23.12.2016 issued by the Secretary to Government, Social Welfare and Nutritious Meal Programme Department, Government of Tamil Nadu. Ex.P.24 Photocopy of the letter dated 04.08.2020 sent by the Commissioner of Social Defence, Chennai ‘10 to the Secretary, Varshini Illam District, Kancheepuram District. 8. As seen from the evidence available on record, the petitioners have satisfied all the statutory and legal requirements for declaring the petitioners 2 and 3 as the parents of the minor child Ranjith Kumar also known as P.Ranjan, who was born on 07.01.2021 to a minor/unwed mother, who has surrendered the child to the 1st petitioner on 18.02.2021. The minor child was declared as legally free for adoption by the Child Welfare Committee, Tiruvallur by its order dated 23.04.2021 and ever since 01.09.2021, the minor child was under the foster care of 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 sought to adopt the minor child Ranjith Kumar also known as P.Ranjan as their own child. 9. The 2nd petitioner is working as Painting Contractor and having an income of Rs.4,11,250/-p.a, which has been confirmed by the Income tax returns, which has been marked as Ex.P.11. The medical examination Report of the child dated 07.08.2021 has been marked as Ex.P.7 which confirms that the child is medically fit for adoption. 9. The 2nd petitioner is working as Painting Contractor and having an income of Rs.4,11,250/-p.a, which has been confirmed by the Income tax returns, which has been marked as Ex.P.11. The medical examination Report of the child dated 07.08.2021 has been marked as Ex.P.7 which confirms that the child is medically fit for adoption. The original order passed by the Child Welfare Committee, Tiruvallur declaring the child to be fit for adoption has been marked as Ex.P.1. The original deed of surrender given by the biological mother has been marked as Ex.P.2. The Original certificate given by the Child Welfare Committee dated 23.04.2021 has been marked as Ex.P3. The other documents marked as exhibits entitles the petitioners 2 and 3 to adopt the aforementioned minor child Ranjith Kumar also known as P.Ranjan. The photocopy of the Trust Deed dated 09.04.2014, marked through P.W.2, has been marked as Ex.P.20. The photocopy of the Power of Attorney dated 29.09.2021 has been marked as Ex.P.21. The licence granted to the first petitioner under has got expired on 22.12.2021. The learned counsel for the petitioners submits that the 1st petitioner has applied for renewal and it is being processed by the concerned statutory authority. Regulation 24(4) of the Adoption Regulations, 2017 makes it clear that “in case the Specialised Adoption Agency has applied for recognition or renewal with the State Government and the provisional registration certificate has not been issued by the State Government within one month from the date of application, the proof of receipt of application for registration shall be treated as provisional recognition to run the agency for a maximum period of six months. 10. 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”. 11. Regulations 24 (4) and (5) also come to the aid of the 1st petitioner as they have applied for renewal which is under processing by the statutory authorities. Further, this petition was filed only when the 1st petitioner’s licence was within the validity period. 12. After giving due consideration to the pleadings and the evidence available on record, this Court is inclined to grant the relief sought for by the petitioners 2 and 3 in this petition. 13. Further, this petition was filed only when the 1st petitioner’s licence was within the validity period. 12. After giving due consideration to the pleadings and the evidence available on record, this Court is inclined to grant the relief sought for by the petitioners 2 and 3 in this petition. 13. Accordingly, this original petition is allowed and: (i) The petitioners 2 and 3, who are presently residing at No.4/185, Elumboor, Kulamangalam Post, Madurai are hereby appointed as parents of the minor child Ranjith Kumar also known as P.Ranjan whose photograph is duly attested and annexed hereto as per Section 56(1) of Juvenile Justice (Care and Protection of Children) Act 2015 read with Section 45(2) of Juvenile Justice (Care and Protection of Children) Rules 2016 and they are permitted to bring up the child as their own child. (ii) The minor Ranjith Kumar also known as P.Ranjan is entitled to the legal status of a biological child for the petitioners 2 and 3 with all the rights of succession and inheritance; and (iii) a direction is issued to the Birth Certificate Issuing Authority to issue birth certificate for the minor Ranjith Kumar also known as P.Ranjan within five working days from the date of application as per the provisions of Regulation 36 of the Adoption Regulations of CARA.