SHAMLAL Vs. MANDAL REVENUE OFFICER

JUDGEMENT

(1.) This is an appeal by the State of Andhra Pradesh represented by the Director of Women and Child Welfare, Hyderabad. The appellant was aggrieved by the order passed by the Family Court, Hyderabad in O.P.No.781 of 2001 ordering the minor Baby ZULEIKA be given in adoption to the petitioners 2 and 3 therein.

(2.) It appears from the record that O.P.No.781 of 2001 was filed by three petitioners. The first petitioner is the Guild of Service (Seva Samajam) Balika Nilayam, having its Registered Office at Hyderabad. The petitioners 2 and 3 are the adoptive parents of the minor Baby ZULEIKA.

(3.) It was stated in the Original Petition that the first petitioner is a Registered Society-cum-Voluntary Organization under APTA Societies Registration Act and it is also recognised by the Government of India. The first petitioner is the age ncy for processing in country and inter-country adoptions of Indian children. T he proposed adoptive parents ie., petitioners 2 and 3 represented by the first petitioner as their G.P.A. Holder filed a petition under sections 7 to 26 of the Guardians and Wards Act,1890. With the averments in the petition, the 1st petitioner is taking up the work of the country and inter-country adoptions as part of its social service and they are processing the agencies for inter country adoptions and forwarding the papers concerning the proposed adoption of the child. It is further averred that the 2nd petitioner is working as Office Manager Action Battery Whole Sales Inc., and his wife is working as Customer Services and Accounting Department and their annual income is US $ 122,500 and they have no biological children due to infertility and therefore they wanted to adopt the child. It was further stated in the petition that the petitioners 2 and 3 are physically, financially, socially and health wise are fit to adopt the child. After verification of the documents relating to the child, the child was handed over by the natural mother to Precious Moments Abode of Love, Hyderabad and later transferred to ICSW and the child was in the custody of ICSW till she was rescued and placed in Sishu Vihar by the respondent-appellant herein and the child thereafter was transferred to the first petitioner society from Sishu Vihar into its legal custody. Petitioners 2 and 3 decided to adopt the child in their custody in U.S.A and that on receiving of the documents forwarded by the foreign agency to the first petitioner society having verified the documents relating to the petitioners 2 and 3 on the reports and other papers relating to the minor child confirmed that the child required immediate guardianship. The petitioners 2 and 3 are agreeable to act as guardians of the minor child and to adopt the child by following procedure of law and that the request of the petitioners 2 and 3 was confirmed by the first petitioner as genuine and proper.