1 HEADING OF DECISION IN ORIGINAL COURT OF THE DISTRICT JUDGE, KENDRAPARA Present: Sri B.K. Mohanty, LL.B., District Judge, Kendrapara Dated, Kendrapara the 20th January 2014 C.M.A.NO. 42 of 2013 Pallisri Mahila Samiti, represented through its Secretary Hemaprava Nayak, aged about 63 years, wife of Baishnab Charan Nayak, At/P.O:- Korua, P.S. Patkiura, DistKendrapara ....Petitioner Versus 1. Avirup Mitra, aged about 46 years, son of Late Saroj Kumar Mitra, 2. Sudebi Mitra, aged about 37 years W/o Virup Mitra, Both are BA-21/6, Chirantami Park, Kestopur, Kolkata, West Bengal. ...Opposite Parties Counsel for the Petitioner: Counsel for the Opposite Parties: Sri R.K.Sahu Sri S. Sahu 2 DATE OF ARGUMENT 03.01.2014 DATE OF JUDGMENT 20.01.2014 JUDGMENT In the instant case the petitioner institution Pallisri Mahila Samiti filed an application u/s41(6) of the Juvenile Justice (Care and Protection of Children) Act, 2000 and Rules framed there under seeking permission of the court allowing it to deliver a minor male child namely OM PRAKASH in adoption to O.Ps on the ground that all the paraphernalia’s of adoption have been proved to the hilt. 2. The institution named above happens to be an Orphanage House and also a placement Agency recognised by the State Government. The petitioner contend that the male child namely OM PRAKASH was surrendered by his unwed mother. Thereafter the child was produced before Child Welfare Committee, Kendrapara and since then the child was brought up by the institution. The stipulated period of sixty days has already been elapsed. O.Ps who are legally married couple and Hindu having one biological child. The OPs decided to adopt a male child legally to extend their family, approached the institution to adopt a child and submitted a joint application alongwith relevant documents in support of 3 their marital status etc. and after the thorough inquiry and considering child and home study reports O.Ps were allowed to take custody of the male child executing a foster care agreement and since the time of custody the child has been properly looked after and therefore necessary orders should be passed according sanction under law to make the adoption complete. 3. One Srikanta Nayak a social worker of the petitioner’s institution filed an affidavit as P.W.1 deposed that the male child namely OM PRAKASH since surrendered by his unwed mother became an inmate of the Orphan House. P.W.1 proved the release order. P.W.1 also claimed that a child study report was prepared in respect of the child pursuant to Ext.5. As per P.W.1 the child was born on 7.5.2011 as maintained in the admission register of the institution. It is also deposed by P.W.1 that O.Ps who are married since 02.07.2001 having no biological child institution to adopt a male child and since approached the the petitioner’s institution is a registered Child Welfare Agency, OM PRAKASH was offered to the O.Ps for adoption and ultimately after a thorough inquiry and considering reports including the home study report such as Ext.2 the child was handed over to the O.Ps vide foster care agreement i.e. Ext.4. P.W.1 thus claim 4 that in the better interest of a male child necessary permission should be accorded to effect partition and make it complete. O.P.W.1 namely Mr.Avirup Mitra marriage took place since deposed that though their 02.07.2001 they have not been blessed with any child and they want to adopt a male child for extension of their family and corroborated the affidavit evidence filed by him.OPW-1 further deposed that he and OP No.2 after going through child study report prepared by P.W.1 finally agreed to adopt the child and ultimately executed a foster care agreement and took custody of the child. They have also sufficient income to maintain the child. The court also finds them educated. Affidavit evidence of OPW-1 shows that he has a private investigation bureau at Kolkata and his annual income is Rs.4,24,592/- per annum and his wife OP No.2 is doing computer business and her annual income is Rs.2,64,798/- per annum. Apart from this the couple have their own building at Kolkata, and also bank balance, insurance polices and other household assets which are sufficient for better and comfort living and his wife OP No.2 has consented for such adoption. O.Ps are financially sound as well. Admittedly the male child is under the custody of O.Ps since execution of Ext.4. The O.Ps submitted joint application i.e. Ext.1. The child study report i.e. Ext.5 elaborately 5 describes about the details of the male child. The home study report i.e. Ext.2 prepared by the petitioner’s institution favours adoption of the child by the O.Ps. Considering the above and having regard to the claims of P.W.1 and also O.Ps the court is of humble opinion that child is perfectly alright in the custody of O.Ps ever since their taking custody executing foster care agreement and for the betterment of the child it should accord necessary permission as required under law. The court expects and strongly believes that the future of the minor male child namely OM PRAKASH would be safe and secured in the hands of O.Ps and he shall be well looked after by the proposed parents like their own biological child. In other words the court does not find legal bar or prohibitions as such or any other kind of impediment against granting permission to the parties to effect adoption and make it complete in all forms. Hence it is ordered. 4. In the result petition under section 41(6) of the Juvenile Justice (Care and Protection of Children) Act, 2000, at the instance of the petitioner stands allowed. The court finds the parties to adoption having no legal bar. Consequently, the petitioner is allowed to deliver the minor male child namely OM PRAKASH MITRA renamed as ARONYOK in adoption to OPs pursuant to the foster care 6 agreement and to make it complete. The court finds the parties and in particular the OPs namely Avirup Mitra and Sudebi Mitra are mentally and physically fit and fulfilling other criteria under law to take adoption of minor male child namely OM PRAKASH renamed as ARONYOK MITRA. The OPs as a result directed to execute an adoption deed in favour of minor male child namely OM PRAKASH renamed as ARONYOK MITRA within three months hence from to complete the adoption as per law and to submit a quarterly progress report on the well being of the child without fail. Pronounced in the open Court this the 20th January 2014. Dictated & corrected District Judge, Kendrapara District Judge, Kendrapara List of P.Ws examined P.W.1 Srikanta Nayak List of O.P.Ws examined OPW 1 Mr.Avirup Mitra List of Exts. marked (Petitioner) Ext.1 Ext.2 Ext.3 Ext.4 Copy of the application Home Study Report Order declaring child legally free for adoption. Foster Care Affidavit 7 Ext.5 Child Study Report Ext.6 Physical examination report Ext.7 Income Tax Return List of Exts.marked (OPs) Nil District Judge, Kendrapara
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