STEPHANIE JOAN BECKER Vs. STATE

JUDGEMENT

(1.) Present is an appeal under Section 47 of the Guardians and Wards Act, 1890 (hereinafter referred to as 'the Act') for setting aside the judgment dated 17.9.2010 passed by the learned District Judge-IV wherein petition under section 7 and 26 of the Act filed on behalf of the appellant has been dismissed.

(2.) The factual background of the case is as under:- Appellant is a single lady. She had filed a petition under section 7 and 26 of the Act through her attorney Ms.Vijay Rana. At the time of filing petition, appellant was 53 years of age. Appellant is a citizen/national of USA. She wanted to adopt a child from India in order to complete her family. She is a Naturopathic Physician since 2000 for the Washington Centre for Complementary Medicine (WCCM). As per the averments in the petition, appellant enjoys high status and has sufficient means of livelihood. Respondent no.2 is a registered society and is licensed by Government of NCT of Delhi to keep and maintain abandoned, orphaned and destitute children at the children homes. Respondent no.2 has been granted recognition by the Ministry of Social Justice and Empowerment, Government of India for submitting the applications to the Competent Court for declaration of foreigners as guardians of Indian Children under the Act. On 16 th March, 2008, a minor female child, namely, Tina born on 20.10.2003 (hereinafter referred to as 'the child') was found abandoned by the police officials, Police Station Connaught Place and the said child was handed over to the care and custody of respondent no.2 society on the same day and since then no one has claimed the child. The child has been declared as abandoned child and free for adoption by the Child Welfare Committee vide its order dated 26.11.2008. The appellant had expressed desire and intention to adopt the child.

(3.) Notice of the aforesaid petition was issued to the respondents and citation was also affixed on the notice board of the court house. No one appeared on behalf of the respondents to contest the petition.