SHAHISTHA Vs. STATE

JUDGEMENT

(1.) The biological parents, i.e. appellant Nos.3 and 4 and alleged adoptive parents, i.e. appellant Nos.1 and 2 entered into unregistered agreement of an 'unborn child' in the form of adoption, jointly filed the present appeal against the judgment and decree dtd. 31/5/2022 passed in G & W.C. No.9 of 2021 on the file of the Additional Senior Civil Judge, Udupi, dismissing the petition filed under Ss. 7 to 10 and 25 of the Guardians and Wards Act, 1890 (for short, 'the Act').

(2.) Appellant Nos.1 and 2 filed the petition before the trial Court under the provisions of Ss. 7 to 10 and 25 of the G & W Act to grant permission to appoint them as the adoptive parents and guardians of a minor child, by name Inshu. Appellants Nos.3 and 4 are the biological parents of the said child. The child was born on 26/3/2020. Since appellant Nos.1 and 2 were childless and appellant Nos.3 and 4 were unable to look after the child due to poverty, appellant Nos.1 and 2 adopted the child. After adoption of the child, appellant Nos.1 and 2 have looked after raised the child for two years as their own daughter with love and affection. The respondentState represented by Legal-cum-Probation Officer, District Child Protection Unit, Udupi, lodged a complaint against appellant Nos.3 and 4 stating that they have illegally sold the child to appellant Nos.1 and 2. However, the only mistake committed by appellant Nos.3 and 4, biological parents, and appellant Nos.1 and 2, adoptive parents, is that due to lack of proper legal knowledge and guidance, the procedure was not complied with. Now, the child is in the custody of the respondents/ appellants 3 & 4. Therefore, appellant Nos.1 and 2 are seeking to appoint them as adoptive parents of the child.

(3.) The order-sheet of the trial Court dtd. 25/11/2021 depicts that appellant Nos.3 and 4, biological parents, came up with their vakalatnama and also filed memo to the effect that they have no objection for the petition filed by appellant Nos.1 and 2, adoptive parents.