Mrs. Hetal Sunil Shah (Advocate) 05 August 2009

adoption

I have an application for adoption of child before family court I place it here for study and easy availability of draft for my learned friends who are in urgent need for such type of petition.

BEFORE THE HON’BLE FAMILY COURT AT AHMEDABAD

CIVIL MISCELLANEOUS APPLICATION NO. 26 of 2007

Petitioners: (1) Smt. Annie Rodgers Ravish,

Adult, Occupation Service,

(2) Shri Edward Bernard Ravish,

Adult, Occupation Service.

Both residing at 15350,

Sweetwater Court, South Port, Myers, Florida33912,

Through their Power of Attorney Holder:

Shri Vijaybhai Anubhai Pandit,

Adult, Superintendent of Mahipatram Rupram Ashram, Outside Raipur Gate, Raipur, Ahmedabad-380 022;

(3) Mahipatram Rupram Ashram Trust,

Outside Raipur Gate, Raipur,

Ahmedabad.

V/S.

Opponent: Indian Council of Social Welfare,

At Municipal Bal Bhavan,

Sanskar Kendra, Paldi,

Ahmedabad-380 007.

In the matter of an application under Sections 7 & 26 of Guardian and Wards Act, 1890 for the appointment of guardian of minor female child RATNA (whose due of birth is 8^th My, 2006) and an Application for seeking permission of the Hon’ble Court to take minor female child RATNA.

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The Petitioners above named beg to submit as under:

1. The Petitioners No. 1 is aged about 58 years and resident and citizen of

United States of America. Petitioner No. 1 has capacity, ability and is entitled to take minor female child RATNA in adoption as per Law applicable to the petitioner No. 1 in his Country, U. S. A. The Petitioner No. 1 and 3 are desirous of bringing up, looking after and educating as their own daughter a minor female child RATNA and, therefore, both the Petitioners No. 1 and 2 have given Power of Attorney to Shri Vijay A. Pandit, who is the Superintendent of the Petitioner No. 3, Ashram Trust to follow the legal procedure to take the Indian minor female child RATNA (whose date of birth is 8^th May, 2006) in guardianship of Petitioner No. 1 and in adoption as per Law Applicable to the Petitioners No. 1 and 2 in their Country.

2. The Petitioners No. 1 and 2 submit that either the Petitioners No. 1 and 2 or Petitioner No. 3 have not received or agreed to receive and that no person has made or given or agreed to make or to give to petitioners No. 1 and 2 and/or the petitioner No.3 any payment or reward or any consideration for the proposed adoption. It is further submitted that petitioners No. 1 and 2 have not given any amount as donation to the petitioner No. 3 Ashram Trust for adopting the said minor female child RATNA and the petitioners No. 1 and 2 also submit that no demand for donation has been made from petitioners No. 1 and 2 by the petitioner No. 3 Ashram Trust. Not only that, but the petitioner No. 1 and 2 submit that no amount of either by way of maintenance or expenses has been taken or asked by the Petitioner No. 3 Ashram. The Petitioner Nos. 1 and 2, further submit that the petitioner No. 1 and 2 have also not given any amount either by way of maintenance or expenses on any account to the petitioner No. 3 Ashram.

3. The Petitioners No. 1 and 2 have selected minor female child RATNA, nine months old, her birth date is 8^th May, 2006 for adoption. The said child is abandoned by her real mother. The said child is destitute one having no parents or guardian, who can take care of her. The whereabouts of her real mother is not known. The paternity is also not known. The said child has no near relatives and has no viable means of subsistence other than that of charity. The said minor child is being taken care of the Petitioner No. 3.

4. The Petitioner No. 1 was born in Younkers,

New York in 1948. The parents of the petitioner No. 1 gave her up for adoption “Through Children Services” in Connecticut when she was 20 months old. The adoptive parents of Petitioner No. 1, Arnold and Mary Rogers, had given her name “Annie”. The petitioner No. 1 had attended boarding School in Massachusetts in 9^th Standard upto 12^th Standard. She attended the University of Connecticut with a lifetime friend as a Roommate and received a bachelor of Arts in a Special Education. Then she started her work on an internship in teaching at Saint Joseph Collect and taught there for three years, first at the Hartford Regional Centre for profoundly mentally retarded children a Class of IV. Thereafter, the petitioner No. 1 met her first Husband, Mr. James Johnson. Their marriage was lasted for only one month and petitioner No. 1 took divorce from Mr. James Johnson. Thereafter, petitioner No. 1 married to Joseph Carton on 18^th April, 1974 in Tennessee. The petitioner No. 1, thereafter, worked in a School with Autistic Children with her Second Husband.

5. The Petitioner No. 1 married to petitioner No. 2 on 2^nd October, 1988. The Petitioner No. 2 was born on 2^nd September, 1932 in

Massachusetts. His father was a Carpenter and his mother was an instructor in War Factory, making instruments. The Petitioner No. 2 joined the Navy at the age of 18 after graduating from High School. The Petitioner No. 2 became a Pilot, while petitioner No. 2 served from 1951 to 155 to Korea. Thereafter, the petitioner No. 2 has started attending BostonCollege in 1956 on the G. I. Bill, worked and obtained his Bachelor’s Degree. The Petitioner No. 2 married first time to Helene and his marriage was lasted for 17 years from 1971 to 1988. The Petitioner No. 2 built six houses and rented five of them. The Petitioner No. 2 has also obtained his Masters in Social Work Degree and was certified in marriage and family therapy.

6. The Petitioner No. 1 and 2 have enough economic resource to maintain their family. Both petitioners No. 1 and 2 have family income and Edward earns $34,500/- per annum and Annie earns $20,000/- per annum with the Corporation. The Petitioners No. 1 and 2 have received gift worth US$.1,50,000/-. The Petitioner No. 2 covered by the Life Insurance worth $3.20,000/- and also Petitioner No. 1 covered by the Life Insurance $20,000/-.

7. The Petitioner No. 1, further, submits that the Petitioner No. 1 and his wife are having god physical health and do not have any problem that might prevent them from making suitable care of child. The Petitioners further submit that neither Petitioner No. 1 nor Petitioner No. 2 are suffering from any physical or mental disease nor they are under physical disability and/or incapacity that will detrimentally affecting their fitness to have custody of and educate the child. The Petitioner No. 1 further submits that both the Petitioners No. 1 and 2 have crossed the age where they can have biological child. Therefore, they have decided to adopt and to get the Petitioner No. 1 appointed as a Legal Guardian of the minor female child RATNA for the purpose of adoption. Hence, this Petition.

8. The Petitioner No. 1 and his wife are fully aware of the fact that scientific studies have proved that child deprived of maternal care, warmth and love is subject to physical and mental damage. The Petitioner No. 1 and 2 are in a position to offer the said minor female child RATNA, the maternal and physical care, warmth and love of mother. The Petitioner No. 1 and 2 further submit that the said minor child will also satisfy the Petitioner No. 1 and 2’s deep rooted craving to bring up, educate and give love to the said minor.

9. The Petitioner No. 1 further submits that the minor female child RATNA is abandoned by her real mother and has no guardian or relative, who can take care of her. She is destitute one; she has no property anywhere in

India. She is being taken care of by the Petitioner No. 1 Ashram, under whose care and custody there are many children. The Petitioner No. 1 submits that the said child is being properly looked after by the Petitioner No. 3 Ashram, but love, warmth and affection, which mother can give cannot be given by the Ashram. Hence, the Petitioner No. 1 can be better guardian to bring up, look after and educate the said minor female child. It is also in the interest and welfare of the minor female child RATNA to appoint the Petitioner No. 1 as Guardian. The Petitioner No. 1 assures that the said minor will get all parental love, affection and status, because of his adoption by the Petitioner No. 1.

10. The Petitioner No. 1 and 2 states that best of their information and belief, no guardian has been appointed so far either for the person or for the property of the said minor female child RATNA. The Petitioner No. 1 and 2 have also learnt that so far no application has been made to any competent Court for the appointment of the guardian for the person of the said minor female child. The Petitioners further state that in view of the facts that petitioner No. 1 and 2 are the resident and citizen of

United States of America, the Petitioner No. 1 is desirous to take said minor female child RATNA in adoption and for the said purpose, the petitioner No. 1 wants to take out the minor female child out of the jurisdiction of this Hon’ble Court. The Petitioners further state that said minor female child has no property of her own and Petitioner No. 1 does not desire to be appointed as guardian of the property of minor female child RATNA, but only prays to be appointed as guardian of the person of the said minor female child RATNA. It is further submitted that the Certificate of Clearance has been issued by Voluntary Coordinating Agency for Adoption of Gujarat State on 14^th August, 2006. It is further submitted that Central Adoption Resource Agency i.e. CARA an Autonomous Body under the Ministry of Social Justice and Empowerment of Government of India has also given No Objection Certificate to the Petitioner No. 3 for the placement of the said minor female child RATNA with foreign prospective adoptive parents i.e. Petitioner No. 1 and 2 on 9^th January, 2007, with specific conditions mentioned on the back side of the Certificate and, thereafter, this Petition has been filed.

11. The Petitioners, therefore, pray as under:

(a) The

Hon’ble Court may be pleased to appoint the Petitioner No. 1 as guardian of the minor female child RATNA (whose date of birth is 8^th may, 2006) and Guardianship Certificate to that effect be issued in favor of the Petitioner No. 1 with a photograph of minor female child RATNA duly affixed and attested on the Guardianship Certificate.

(b) The Petitioner No. 3 be directed to give custody of the minor female child RATNA to the Petitioner No. 1 or to the Petitioner No. 2 and Petitioner No. 1 and 2 be further permitted to take the said female child RATNA to

New Jersey, U. S. A.

Hon’ble Court further be pleased to direct the Learned Registrar of this Hon’ble Court to affix and duly certify the photograph of the minor female child RATNA on the Certified copy of the Judgment of this Petition.

(d) Any other and further relief as this

Hon’ble Court may deem fit and proper in the facts and circumstances of the case be granted.

12. The address of the Petitioner as shown in the cause title of the Petition are true and is in conformity of Order VI Rule 14-A of the Code of Civil Procedure, 1908.

13. A list of documents, Vakalatnama and copies for the Opponent are appended herewith.

14. The necessary Court-Fee Stamp is affixed on this Petition.

Place: Ahmedabad

Date: __/06/2008 ______________________

Power of Attorney of Petitioner No. 1 and 2 & Superintendent of Petitioner No. 3.

VERIFICATION

I, Vijay Anubhai Pandit, Power of Attorney holder of the Petitioner Nos. 1 and 2, adult, Superintendent of Mahipatram Rupram Ashram Trust, do hereby state and verify that what has been stated in Paragraph 1 to 3 and 7 to 10 are true to the best of my own knowledge, information and belief and Paragraph-4 to 6 are true as per the papers received from the adoption placement agency and I believe the same to be true.

Verified at Ahmedabad, on this ____ day of June, 2008.