SOCIETY OF SISTERS OF CHARITY ST. GEROSA CONVENT AND OTHERS, ETC. Vs. KARNATAKA STATE COUNCIL FOR CHILD WELFARE AND OTHER

JUDGEMENT

(1.) THESE two appeals are disposed of by the following common order as the questions of law which arise out of them are similar as well as the facts.

(2.) FOR convenience, we state the facts of the cases in M.F.A. 2092 of 1990 as well as in M.F.A. 2093 of 1990: The appeal is directed against the separate orders dated 26th day of February, 1990 in G. & W.C. 56 of 1989 on the file of the 1st Additional Civil Judge and Judicial Magistrate, Mangalore and G. & W.C. 57 of 1989, The first applicant before the lower Court in both the cases was the Society of Sisters of Charity represented by the head of the institution - - Sister Evangeline Menezes, Superior, Nirmala Social Welfare Centre, Ullal, Dakshina Kannada. The 2nd and 3rd applicants, who are appellants in M.F.A. 2092/1990 are Mr. Armando Francesetti and Mrs. Enrice Munini -Francessetti. The second and third appellants in M.F.A. 2093 of 1990 are Mr. Solaroli and Mrs. Anna Fabbri -Solaroli of Italy represented by Sister Dorothy Saldanha, Society of Sisters of Charity, St. Gerosa Convent, care of Stella Maris Convent, Malleswaram, Bangalore.

(3.) KAVITA was born on 5 -12 -1987, while Gloria was born on 4 -4 -1989, Kavitha was offered in adoption by the first applicant appellant in M.F.A. 2092/1990, while Gloria was offered in adoption to the second and third appellants in M.F.A. 2093 of 1990.