JOHN ABRAHAM MEMORIAL BETHANY HOME Vs. ALL CONCERNED

JUDGEMENT

(1.) This Appeal arises under Guardians and Wards Act. The Appellant -Petitioner, which is a Registered Society is running an orphanage at Tandur, Ranga Reddy District. The Society is recognized by the Government of India as an agency for processing and filing of the applications for declaration of foreign nationals as guardians. It has filed on application under Sections 7 to 10 of the Guardians and Wards Act, 1890 for appointment of foreign national by name Mr. David S. Ballantine, aged 40 years, a resident of Illinois State, U.S.A. so as to facilitate him to take the child by name Keerti Kumar to the U.S.A., and to adopt him there according to the Laws of U.S. A.

(2.) From the averments in the Petition and the evidence of P.W. 1 and the child study report as well as the scrutiny report of A.P. State Council for Child Welfare, it is seen that the boy was born on 24-12-1993 and soon after the birth,the boy was left in orphanage by the mother whose husband had deserted her two years prior to the child birth and she gave birth to him through some undisclosed person. As it was difficult for her to bring up me child, the child was left to the care of the orphanage and the mother of the child also executed a document relinquishing her rights and expressing no objection for giving the boy in adoption which is filed as Ex.A-5 dated: 17-6-1994. The report of Voluntary Co-ordinating Agency, Red Hills, Hyderabad shows that "Indian placement of the child has not been possible". The proposal for adoption by Mr.David S. Ballantine, who is working as Asst. Professor and his wife Ms.Diane De Mers working as a Computer Analyst in a University was processed by a recognised sponsoring Agency in U.S.A. The child study form was prepared by a social worker having Master's Degree in Social Work attached to the Appellant-Society. It is accompanied by a Physical Examination Report. The child study form contains a photograph of the child. It is signed by the proposed adoptive parents in U.S.A. who expressed their willingness to accept Keerti Kumar as their adoptive child. The report of the Voluntary Coordinating Agency, Red Hills, Hyderabad, and the no-objection notified by the Central Adoption Retance Agency attached to Ministry of Welfare, Government of India are on record. The scrutiny report of A.P. State Council for Child Welfare is also on record. The Adoptive Home Evaluation Report has been prepared by Bensenville Home Society Adoption Services, Bensenville, Illinois at the instance of Williams - Illien Adoptions, Inc. 3439, Venson Drive, Memohis, Tennessee - 38135 (U.S.A), which is the sponsoring Agency recognised by the Government of India, for sponsoring the cases of adoptive parents desirous of adopting Indian Children. The Home Study Report which is very comprehensive brings out various aspects of the family life, environment, status and financial position of Mrs. and Mr. David S. Ballantine and the behaviour of their natural son.

(3.) The learned District Judge, before whom the Application was filed was satisfied that the necessary formalities have been fulfilled. The District Judge further observed that he was also satisfied about the financial position of the couple who want to take the child in adoption. The only consideration which weighed with the District Judge for rejecting the Application is that Mrs. & Mr.David S. Ballantine have a natural son, who by the date of submitting the report was aged.about six years. Now he must be seven years old. The learned District Judge formed the impression that it will be problematic to the Indian child to be brought up along with their natural son Kevin. The District Judge, observed: