IN THE COURT OF MS. ANU MALHOTRA: DISTRICT & SESSIONS JUDGE (SOUTH DISTRICT) SAKET: NEW DELHIGuardianship Petition No. 01/15ID No.: 02406C0340512015SOS Childrens Village of India, SOS Upvan Home, B5/21, Safdarjung Enclave, New DelhiThrough its Social Worker/ARMs. Nilofer ........ Petitioner VersusMs. Natalia Folch Molero, D/o Mr. Juan Folch Garcia, R/o Avda Coll Portell 37,23, Town: 08024, Barcelona (Spain)Through her AttorneyMrs. Vijay Raina, Director, SOS Childrens Village of India, A7, Nizamuddin (West), New Delhi. .......RespondentInstituted on: 20.10.2015Judgment reserved on: 10.12.2015 Judgment pronounced on: 23.12.2015 J U D G M E N T
This judgment shall dispose of a petition u/s. 41 (6) read with Section 2 (aa) of the Juvenile Justice (Care and Protection of Children) Act, 2000, as amended read with Rules framed therein seeking that the minor child Shikhar born on 21.01.2011 be given in adoption to the respondent Natalia Folch Molero, daughter of Mr. Juan Folch Garcia, resident of Avda Coll Portell 37,23, Town: 08024, Barcelona (Spain) as her son and that she be permitted to remove the minor child outside the jurisdiction of this Court for his upbringing to where the respondent resides, she being a resident of Barcelona, Spain.
The petition is indicated to have been filed by the SOS Children Villages of India, SOS Upwan Home, D5/21, Safdarjung Enclave, New Delhi through its social worker and Authorised Representative Ms. Nilofer, the petitioner being a registered society, registered as a Charitable Organisation running its Orphanage Homes for abandoned/destitute/handicapped children and duly recognized as an agency for placing children in adoption by the Central Adoption Resource Authority, Ministry of Women and Child Development under the Juvenile Justice Act for giving them in adoption. It has been submitted through the petition that Ms. Nilofer, a social worker has been duly authorized by the petitioner/society to sign, verify and institute the petition and the petition has thus been signed, verified and instituted as such.
Through the petition, it has been submitted that on 21.05.2012, the minor male child namely Shikhar born on 21.01.2011 was found abandoned by the police officials of PS Old Delhi Railway Station and the officials of Prayas, who on the same day, handed over the care and custody of the child to the petitioner / society and that the parents of the said child did not come to claim him for a considerable period whereafter the petitioner/society filed an application before the Child Welfare Committe, New Delhi for declaring the child as an abandoned child and free for adoption. It has been further submitted through the petition that the Child Welfare Committe after making inquiry, declared the child as an abandoned child and free for adoption vide certificate dated 04.04.2013 in case No. 614/12 and that the date of birth of the said child was determined by medical examination and the child is free for adoption. It has further been submitted through the petition that the respondent was born on 13.08.1969 and is now about 46 years old and she is a permanent resident of Barcelona (Spain) being its citizen/national and that she is a single lady and is not married and wishes to adopt a male child to complete her family. It has, inter alia, been submitted through the petition that the respondent is employed with CENTRE PILATES BARCELONA, SOCIEDAD LIMITADA as an Instructor and her annual salary is Euro 11200/ and that she enjoys a high status with sufficient means of livelihood and wishes to adopt the minor male child Shikhar as her son and has expressed her desire and intention to do so. It has further been submitted through the petition that the respondent has forwarded her documents in support of her desire to adopt the minor child Shikhar born on 21.01.2011 through a recognized agency ECAI BALBALIKA ADOPCIONES INTERNACIONALES (International Adoption) Badalona, Barcelona (Spain) who has furnished the necessary undertaking as per the directions of the Hon'ble Supreme Court to look after the interest of the minor, in case the respondent failed to do so for any reason whatsoever. It has further been submitted by the petitioner that it has received a No Objection Certificate from the Central Adoption Resource Authority, Ministry of Women and Child Development, Government of India, to seek permission from the Court to give the minor in adoption to the respondent under the Juvenile Justice (Care and Protection of Children) Act, 2000, as amended.
Inter alia, the petitioner has submitted that the respondent after seeing the Child Study Report, photograph and medical report of the child in question, has approved the child for adoption and has several documents showing her status, employment and family background etc. besides a Power of Attorney in favour of the Director/official of the petitioner and that all these documents are duly notarized and authenticated. It has also been submitted through the petition that the respondent enjoys good health as per the medical certificate concerning her health which clearly reveals that she does not suffer, nor has previously suffered from any mental or physical disease or incapacity detrimentally affecting her fitness to have the custody of the abandoned child as her son and that the respondent approached the ECAI BALBALIKA ADOPCIONES INTERNACIONALES (International Adoption) Badalona, Barcelona (Spain) for adopting the child and that the respondent has been recommended by the aforesaid Foreign Adoption Agency which is recognized by the Government of India and is competent to sponsor a child. It has further been submitted through the petition that every attempt had been made by the petitioner to place the said child in an Indian family but no suitable Indian family has come forward to adopt the child and CARA has thus cleared the child for foreign adoption and the respondent has now come forward from Barcelona, Spain to adopt the minor child Shikhar and has been found to be the most suitable person for legal adoption of the child and CARA has issued NOC in favour of the respondent for adopting the child.