DAVID KENNETH HAMBLY Vs. PINTO KUMAR

JUDGEMENT

(1.) C.M. NO. 17958/2013 (for condonation of delay)

(2.) The brief facts are that Sarah Singh was born on 07.08.2002; she became an orphan after the death of her mother (Smt. Sitapati) on 16.08.2010 and her father (Sh. Lalman Singh) on 28.08.2010. She then stayed at a shelter home in Dwarka, New Delhi for roughly six months from September 2010 to February 2011 (since one of her paternal uncles, Jai Kishan worked there). She was later taken into custody by her other paternal uncle, Pinto Kumar (the Respondent herein). This uncle too was unable to take care of the child's needs properly: he was unmarried and was not possessed of the needed time and financial means to take care of the child's emotional and material requirements.

(3.) In the background of these facts, the Appellants sought to adopt Sarah; they got an Investigation Report prepared on 03.05.2012 by Ms. Loraine Campos of Delhi Council for Child Welfare, Civil Lines, Delhi for the adoption/foster care placement of the minor child. Subsequently, the Appellants filed a Guardianship Petition under Sections 7/8/9 & 10 of the Guardianship Act, before the Family Court, Saket, for the guardianship of Sarah Singh. They expressed their desire to adopt the child. This Guardianship Petition was dismissed by Principal Judge, Family Court, Saket on 05.07.2013.