JAY KEVIN SALERNO Vs. NR

JUDGEMENT

(1.) In this petition the minor Pooja was abandoned by her natural mother in the care of Bal Asha Trust, Grand Paradi. R.H. No. 11. August Kranti Marg, Bombay 36. This institution is not recognised for an inter country adoption. Hence the Hon. Secretary of Bal Asha Trust by her letter dt. 17-6-1987 requested St. Josephs Home and Nursery to admit the minor to that institution for the purpose of inter-country adoption. Information regarding the child was also forwarded to the Superintendent of St. Josephs Home and Nursery situated at Byculla, Bombay 400 008. This institution is recognised for inter country adoption.

(2.) After the child was accepted and registered with St. Josephs Home, the child was kept at a private nursing home known as Malika Nursing Home, Kol Dongri, Urmila Building, Andheri (East) Bombay-400 069 for better care. The child was thus not physically kept at St. Josephs Home. The Superintendent of St. Josephs Home St. Rohini Fernades has however, made an affidavit to say that the minor is registered with her institution, she has visited the minor and has observed the minor for the purpose of preparing a child study report. The child study report gives all particulars regarding the minor. Medical report of the child is also submitted.

(3.) In the case of (Laxmi Kant Pandey v. Union of India) reported in A.I.R. 1984 S.C. 469 the Supreme Court has observed at page 488 that situations may frequently arise where a child may be in the care of a child welfare institution which has not been recognised by the Government. Since an application for guardianship can be processed only by a recognised institution or agency, an unrecognised institution or agency would have to approach a recognised institution or agency if it desires the child to be given in intercountry adoption or guardianship. The Supreme Court has said :