DEEPIKA MODI Vs. PRESIDING OFFICER

JUDGEMENT

(1.) Heard on application (699/2019) filed u/s 5 of the Limitation Act.

(2.) This appeal has been filed by appellant Ms Deepika Modi against the order of the learned Family Court, Tonk passed on 24.1.2019 whereby the learned Family Court rejected the application filed u/s 58(3) of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for shot "J.J. Act") with the direction to the appellant Ms Deepika Modi to hand over the foster care male child Krishna with immediate effect to the respondent No.2 Vimlesh Kumar, Superintendent, Government Juvenile and Child Care Home, Tonk who may get admitted the child in the Child Care and Protection of Specialized Adoption Agency, Tonk, in accordance with rules.

(3.) Brief facts giving rise to this appeal are that the appellant Ms Deepika Modi being single lady moved an application u/s 58(3) of the J.J. Act before the Central Adoption Resource Agency, Ministry of Women and Child Development, Government of India for adoption of child which was accepted on line with intimation that a male child is available for adoption at Juvenile Home Tonk. The appellant appeared in the meeting dated 15.11.2018 to take the child in foster care. Her application for foster care was accepted after due diligence and medical examination of herself and the child. The child was handed over to her. Since then the child was with the appellant. Thereafter, the appellant as requirement under the provisions of the J.J. Act, moved an application u/s 58(3). The said application was placed before the learned Family Court, Tonk which had been rejected by the court vide order dated 24.1.2019 observing that since no order for divorce decree had been passed, the appellant could not be considered as single parent of the child and therefore the adoption of the child could not be allowed. The review application filed u/s 114 read with O. 47 R. 1 and 2 of the Code of Civil Procedure for reviewing the order dated 24.1.2019, was also rejected by the learned Family Court vide order dated 13.3.2019.