MAHESH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally with consent of all the parties at admission stage.

(2.) The petitioners are husband and wife. They are childless. They have decided to adopt a child when doctors opined that there is no chance to have a child from their wedlock. The petitioners approached respondent no.5 / The Superintendent Late Rajkunwar Rameshchandra Bang Shishugrah, Sneh Sadan, Jalna in search of adoption of a child. They met with the officials of the said institution and disclosed their intention to adopt a baby child. Respondent no.5 / institution agreed for the adoption and accordingly the petitioners were asked to execute Foster Care Agreement. Accordingly, the petitioners had executed Foster Care Agreement on 25/10/2019. As per the Foster Care Agreement, custody of an orphan baby namely Poonam was handed over to the petitioners on 29/10/2019. As per the Foster Care Agreement, during the period of foster care of child, it was agreed to complete legal formalities under the provisions of Law of Adoption by filing necessary adoption petition before the District Court at Jalna. It was agreed that custody of the child would be temporary with the petitioners in view of Foster Care Agreement.

(3.) Respondent no.5 / institution has also decided to seek police verification of the background of the petitioners' family for adoption purpose. According to the petitioners, the baby child was under their care and custody from 29/10/2019 to 30/12/2019. They had taken utmost care during the said period and raised the child with love and affection. The petitioners received a call from respondent no.5 / institution instructing to hand over the custody of the child immediately. Accordingly, the petitioners handed over the custody of the bay child on 30/12/2020 to respondent no.5 / institution. According to the petitioners, it was obligatory on the part of respondent no.5 / institution to guide the petitioners to complete legal procedure of adoption. Respondent no.5 / institution did not follow due procedure of adoption while handing over the custody of the child to the petitioners. The petitioners are financially sound and capable to take care of the child. They have also registered their names on the Government Portal 'CARA' for adoption of their child and same is acknowledged by CARA by which the petitioners were instructed to upload all the requisite documents within 30 days and the petitioners have complied with the same. The petitioners received the response from CARA. The petitioners were instructed to contact the agency i.e. respondent no.5 / institution, who is running orphanage under the Maharashtra Charitable Foundation at Jalna.