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In A Society Dominated By Patriarchy, Adopting Girl Child Despite Having One Biological Girl Child, Needs To Be Appreciated: Bombay HC [Read Order]

Nitish Kashyap
12 Jan 2020 2:07 PM GMT
In A Society Dominated By Patriarchy, Adopting Girl Child Despite Having One Biological Girl Child, Needs To Be Appreciated: Bombay HC [Read Order]
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The Bombay High Court last week while allowing the adoption of a 7-month-old girl child to a Mumbai-based couple who already have a 14-year-old daughter, observed-

"It needs to be further appreciated that despite the fact they have a biological girl child, they decided to adopt another girl child. This is the approach that needs to be cultivated in a society which is mostly said to be dominated by patriarchy."

Justice GS Kulkarni heard the Indian Adoption Petition filed under Sections 56 and 58 of the Juvenile Justice (Care and Protection) Act 2015 by St.Catherine's Home, Andheri. The adoptive parents were Dinesh and Jayshree Mohite, residing in Ghatkopar.

The 7-month-old Geetika was born on June 9, 2019 and four days later was surrendered by her biological mother before the Child Welfare Committee II, Mumbai Suburban District and was admitted to the petitioner-institution on the same day.

Court noted that the adoptive parents have been married for 18 years and have a biological daughter Kripa aged 14 years.

After interacting with the adoptive parents and going through the motivation letter, Court noted-

"It appears that the adoptive parents were quite determined right from the beginning to have another child in adoption. They had accordingly visited several adoption homes and had studied on their future plans to take another child in adoption. They were also motivated by a book titled as "Bal Anand (Umang)", which was received by them from Bal Anand Ashram. The positive approach of the adoptive parents is also required to be commended, they have been celebrating birthday of their biological daughter and other family celebrations in different adoption homes, which clearly indicate their thinking on such children, culminating into a desire to have a child in adoption."

The adoptive committee's decision dated October 8, 2019 states that the adoptive couple are suitable to adopt Geetika and chief functionary at St.Catherine's Home also supported the petition in an affidavit.

Thereafter, the bench observed that considering they have a settled family business, financially they are in a sound condition to take care of the adoptive daughter. Moreover, self-assessment by the adoptive parents and assessment report prepared by social workers Vananda Patil and Vijayalaxmi Amballa was found to be favourable.

Thus, the petition was allowed and adoptive parents were allowed to change their seven-month-old daughter's name to Adhira Dinesh Mohite.

Click here to download the Order

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