JOHN CLEMENTS Vs. ALL CONCERNED

JUDGEMENT

(1.) These appeals are directed against the order of the Family Court, Hyderabad dated 31-5-2002 in O.P.No.604 of 2001 dismissing the petition filed by the appellants for appointment of appellants in C.M.A.No.2009 of 2002 as guardians of a minor girl under Sections 7 to 10 and 26 of the Guardians and Wards Act, 1890 to permit them to take her to the United States of America (USA) and to adopt her as per the laws prevailing in USA.

(2.) The appellants in C.M.A.No.2009 of 2002 are the petitioners 2 and 3 and (P.2 and P.3) the appellant in C.M.A. (SR) No. 11727 of 2002 is the 1st petitioner (P.1). The respondents 1 to 4 (R.1 to R.4) herein are the respondents in the petition. Since both the appeals arise out of the same order, they are clubbed and this common order is passed.

(3.) The averments of the petition are briefly as under: The first petitioner is a society registered under the Andhra Pradesh (Telangana Area) Public Societies Act, 1350 Fasli (Act 1 of 1350 Fasli). The Government of India recognized the first petitioner as an agency for processing inter-country adoption and filing of applications before the competent Court. P.2 and P.3 are citizens of USA. An application made by them for adoption was forwarded by an Adoptive Service Information Agency, USA along with their Home Study Report and recommendations to the first petitioner. On receipt of the said application, the first petitioner submitted an application to the Central Adoption Resource Agency (CARA) for placement of the minor child "HASEENA". The CARA through its letter dated 23-3-2001 has expressed no objection for inter-country adoption of the minor child, pursuant to the clearance given by the Voluntary Adoption Co-ordinating Agency (VACA), Hyderabad dated 28-6-2001. P.2 is aged 35 years and P.3 is aged 36 years. They are working in USA and are earning 222,870 U.S. Dollars per annum. They were married on 10-4-1999. They have no biological children. They were influenced by a couple who adopted a child from India, therefore, they are seeking to build their family by adoption. The Home Study Report submitted by the foreign agency reveals that P.2 and P.3 have all the requisite qualifications to adopt the minor girl and do not suffer from any physical, mental, financial, social, legal or any other disability whatsoever. The minor girl was born on 19-7-1999. She was relinquished by her unwed mother due to social stigma and handed over the child to P.I on 20-1-2000 and executed a Relinquishment Deed in favour of P.1. Since the minor child has deformity of both the feet, her adoption in India did not materialize. None of the relatives of the minor girl are ready and willing to take care of the child. The girl requires immediate attention and guardianship of proper persons for better future and prosperity. P.2 and P.3 undertake to lookafter her well. The proposed guardianship is in the interest and paramount welfare of the minor child. Hence the petition.