MANGLI BAI MIRI Vs. SPECIALISED ADOPTION AGENCY MAHASAMUND

JUDGEMENT

(1.) The instant petition is against the order dtd. 22/6/2021 passed by the Family Court, Mahasamund whereby the application filed by the appellant under Regulation 13(7) of the Adoption Regulations, 2017 seeking annulment of adoption, was dismissed.

(2.) Brief facts of this case are that the child namely Ganeshu was given on adoption u/s 56(3) of the Juvenile Justice (Care and Protection of Children) Act, 2015 (henceforth called as "the Act of 2015") to Mangli Bai Miri and her husband Hemlal Miri on 30/9/2019. After such adoption, the child was given to the custody of appellant and her husband with an effect that they were biological parents and the child became the child of adoptive parents. Thereafter, on 9/11/2020 the father Hemlal Miri died. Subsequently, an application was filed by the appellant mother that the child is unable to mixup and adjust in the atmosphere of adoptive family, thereby, he is not interested to stay in adoptive family. A counseling took place on 23/2/2021. After such counseling the application for annulment of adoption was filed by the appellant who is adoptive mother on the ground that the adopted child could not adjust himself in the adoptive family after death of Hemlal Miri.

(3.) Learned counsel for the appellant would submit that after the child was declared as adopted child on 31/10/2019 and he was being brought up in the adoptive family of the appellant but subsequently with passage of time he could not adjust which would be evident from the report of counseling dtd. 23/2/2021, therefore, the dissolution of the adoption be directed. He would submit that the statement recorded during counseling which is filed in this case would reveal that the adopted boy himself has made statement that he does not want to stay in the family of the appellant. Therefore, learned family Court failed to take into account the said fact and a wrong order was passed.