Delhi District Court Mr. Biswanand Changoe vs Indian Council For Child Welfare on 14 February, 2011

Publication date: 14 February 2011

IN THE COURT OF SHRI RAKESH KAPOOR DISTRICT JUDGE-I : DELHIGUARDIANSHIP CASE No. 22/2011Unique I.D No.02401C0033642011IN THE MATTER OF:1. Mr. Biswanand Changoe2. Mrs. Raathna Indra Kamaansingh Both residents of 2911 RE Nieuwerkerk a.d.lJssel The Netherlands Through their Attorney: Ms. Loraine Campos Adoption Officer, Delhi Council for Child Welfare, Qudsia Garden, Civil Lines, Delhi. .... Petitioners. Versus1. Indian Council for Child Welfare, 4, Deen Dayal Upadhyay Marg, New Delhi - 110 002.2. Delhi Council for Child Welfare, Qudsia Garden, Civil Lines, Delhi. .....Respondents.Date of institution of petition :22.01.11Date on which order was reserved :14.02.11Date of pronouncement of judgment::14.02.11 J U D G M E N T:

The case of the petitioners as disclosed in the petition is that petitioners are Dutch Nationals. They were married on 26.08.1994. Due to medical reasons, they could not have any biological child of their own. They are very fond of children. They have already adopted Miss Vaishnovi Teena from India, who is twin sister of the minor child Miss (G.P.22/2011) ( page 1 of 5) Reena and they think that Reena is a part of their family. It is stated that minor child Miss Reena was not placed with the petitioners by Church of North India, New Delhi because they wanted to wait and watch on her development. As such, the petitioners have expressed their willingness to be appointed as joint guardians of minor female child Miss Reena with permission to adopt her according to local laws of their country.

2. It is stated that minor female child namely Miss Reena (born on 17.06.2004) was relinquished/ left by her parents through a document of surrender duly signed by them in favour of Church of North India, Shishu Sangopan Griha, New Delhi on 25.06.2004. Care and custody of the said minor child was transferred to respondent no.2 institution on 04.09.2009 vide order dated 03.09.3009 passed by the Child Welfare Committee, New Delhi for placing the child in adoption. Co-ordinating Voluntary Adoption Resource Agency (CVARA) and Central Adoption Resource Authority (CARA) have given clearance/ no objection for inter country adoption of the child. The petitioners, through their Attorney Ms. Loraine Campos have moved the present petition under Sections 7 & 26 of the Guardians & Wards Act, 1890 praying that they be appointed as the guardians of the minor female child namely Reena and they be permitted to remove the minor child outside the jurisdiction of this court for her eventual adoption according to local laws of their country. 3- Notice of the petition was issued to the respondents and citation was also affixed on the Notice Board of the Court House. Both the respondents have filed their respective replies stating therein that they have no objection if the petition is allowed.

4- In support of the petition, Ms. Loraine Campos, Attorney of petitioners proved Power of Attorney executed by the petitioners in her favour as Ex.P1. She tendered her evidence vide affidavit Ex.PW1/A wherein she reaffirmed the averments made in the petition. She has placed & proved on record home study report as Ex.P2; employment certificates of the petitioners as Ex.P3 & P4; their Financial declaration as Ex.P5; sterility certificate as Ex.P6; declaration of their health as Ex.P7; marriage certificate as Ex.P8; sponsoring agency letter, issued by Wereldkinderen, The Netherlands as Ex.P9; photographs of the (G.P.22/2011) ( page 2 of 5) petitioner alongwith their earlier adopted child as Ex.P10; proof of naturalization of their earlier adopted child as Ex.P11; child approval as Ex.P12; declaration of willingness as Ex.P13; and progress reports of their earlier adopted child as Ex.P14.

5- Ms. Tarini Bahadur, Secretary, Delhi Council for Child Welfare, has tendered her evidence vide affidavit Ex.RW1/A. She placed and proved on record Child Study Report as Ex.R-1; Photograph of the minor as Ex.R-2; Clearance Certificate for placement of the minor child in inter-country adoption, issued by CVARA as Ex.R-3; No Objection certificate issued by CARA as Ex.R-4 and certificate of abandonment issued by Child Welfare Committee, New Delhi as Ex.R5. She testified that minor female child namely Reena was relinquished/ left by her parents through a document of surrender duly signed by them in favour of Church of North India, Shishu Sangopan Griha, New Delhi on 25.06.2004. Care and custody of the said minor child was transferred to respondent no.2 institution on 04.09.2009 vide order dated 03.09.3009 passed by the Child Welfare Committee, New Delhi for placing the child in adoption. The child was declared to be abandoned child and legally free for adoption by the Child Welfare Committee. No Indian family living in India or abroad is willing to take the minor child as the child is suffering from spasticity, cerebral palsy with myoclonic seizure disorder, autism, speech disorder and cortical blindness. She also testified that their institution has no objection if the petition is allowed. 6- I have heard the learned counsel for the petitioners and have gone through the records carefully.

7- Section 7 of the Guardians & Wards Act provides that for appointment of the guardian, paramount consideration is the welfare of the minor. An application under Section 7 must be decided in the discretion of the court after due consideration of the matters provided under Section 17 of the Act, namely the personal law of the minor, the age, sex and religion of the minor, the character and capacity of the proposed guardian, the wishes if any, of a deceased parent, any existing or previous relations of the proposed guardian with the minor or his property and the wishes of the minor if he is old enough to form an (G.P.22/2011) ( page 3 of 5) intelligent preference. Section 26 relates to the removal of ward/ minor outside the jurisdiction of the court. Permission to remove the minor outside the jurisdiction of the court may be granted for good and sufficient grounds especially for the welfare of the minor. 8- It is manifest from the pleadings and evidence adduced on record that the petitioners were married on 26.08.1994 and no child has been born to them out of their wedlock. Certificate concerning childlessness Ex.P6 depicts that petitioners cannot have any child of their own due to very serious endometriosis in petitioner No.2 and serious oligo-astenospermy in petitioner No.1. Perusal of statement of RW1, coupled with Child Study Report Ex.P1 shows that minor female child namely Miss Reena (born on 17.06.2004) was relinquished/ left by her parents through a document of surrender duly signed by them in favour of Church of North India, Shishu Sangopan Griha, New Delhi on 25.06.2004. Care and custody of the said minor child was transferred to respondent no.2 institution on 04.09.2009 vide order dated 03.09.3009 passed by the Child Welfare Committee, New Delhi for placing the child in adoption. No Indian family living in India or abroad is willing to take the minor child as the child is suffering from spasticity, cerebral palsy with myoclonic seizure disorder, autism, speech disorder and cortical blindness. It is apparent from the Document Ex.R-3 that CVARA (Coordinating Voluntary Adoption Resource Agency, New Delhi) has given its clearance for placement of the minor child in inter-country adoption. Document Ex.R4 depicts that CARA has given no objection for placement of minor child to the petitioners. Progress reports/Follow up report, of minor Miss Vaishnovi Teena (already adopted female child of the petitioners) submitted by Wereldkinderen, the Netherlands shows that she is an active healthy girl, eats and sleeps well, her motorial development is according to her age; she loves music and dance and to play the piano; she is being brought up properly by the petitioners. As regards the petitioners, perusal of statement of PW1, coupled with documents Ex.P3 to P5 depicts that petitioner No.1 is working as an Asset Management Legal Engineering West with M/s. N.V. Nederlandse (G.P.22/2011) ( page 4 of 5) Gasuni, his annual emoluments are Euro 45,899 (equivalent to Indian Rs.29,08,043/=); and that petitioner No.2 is working as a School Social Worker with Flexus Jeugd Plein and her annual emoluments are Euro 44,284/- (equivalent to Indian Rupees 28,05,721/-). Thus, it can be inferred that the petitioners are capable to maintain themselves, their already adopted female child as well as the female child to be adopted and it will be in the welfare of the minor female child if the prayer of the petitioners is allowed.

9- In the result, I allow the petition and appoint petitioners as the guardians of minor female child namely Miss Reena (born on 17.06.2004). Petitioners are also permitted to remove the child outside the jurisdiction of this court for the purposes of her eventual adoption according to the local laws of the country to which the petitioners are the subject. The petitioners are directed to execute a surety bond in the sum of Rs.5,00,000/- (Rupees Five Lakhs) with an undertaking to produce the said child before this Court as and when required and to send her quarterly progress reports through the agency, to this court as also to respondent No.1, for a period of two years and half yearly progress reports thereafter, until she attains the age of majority or her adoption is complete according to the laws of their country, whichever is earlier. After completion of formalities, necessary certificate be issued in favour of the petitioners. File be consigned to record room.

Pronounced in open court (RAKESH KAPOOR) on 14.02.2011 DISTRICT JUDGE-I: DELHI(G.P.22/2011) ( page 5 of 5)

Countries: India