Case Note & Summary
The petitioners, Ashok Dinaji Ramteke and his wife Ujjwala, filed a writ petition challenging the order dated 17.4.2014 passed by the learned District Judge-2, Chandrapur, rejecting their application under Section 41 of the Juvenile Justice (Care and Protection of Children) Act, 2000 for permission to adopt an abandoned female child named 'Puja'. The petitioners were married on 7.6.1994 and the child had been given to them in foster care under Section 42 of the Act by the respondent, Mahila Vikas Mandal, a licensed adoption agency. On 12.11.2013, the petitioners and the respondent jointly filed an application before the District Court, Chandrapur, which was assigned to the District Judge-2. The District Judge rejected the application without considering the merits and without calling for reports from the Child Welfare Committee and Probation Officer as required under the Act. The High Court held that the order was passed in a mechanical manner and set it aside, remanding the matter for fresh consideration in accordance with law. The court directed the District Judge to consider the application afresh and pass a reasoned order after hearing all parties and calling for necessary reports.
Headnote
A) Juvenile Justice - Adoption - Section 41 of Juvenile Justice (Care and Protection of Children) Act, 2000 - Permission to give child in adoption - The District Judge rejected the application without considering merits and without calling for reports from Child Welfare Committee and Probation Officer - Held that the order was passed in a mechanical manner and is liable to be set aside - Matter remanded for fresh consideration (Paras 1-6).
Issue of Consideration
Whether the learned District Judge was justified in rejecting the application for permission to give an abandoned female child in adoption under Section 41 of the Juvenile Justice (Care and Protection of Children) Act, 2000, without considering the merits and without calling for reports from the Child Welfare Committee and Probation Officer.
Final Decision
The High Court allowed the writ petition, set aside the impugned order dated 17.4.2014, and remanded the matter to the District Judge-2, Chandrapur for fresh consideration in accordance with law. The District Judge was directed to consider the application afresh and pass a reasoned order after hearing all parties and calling for necessary reports from the Child Welfare Committee and Probation Officer.
Law Points
- Adoption under Juvenile Justice Act
- Section 41 of Juvenile Justice (Care and Protection of Children) Act
- 2000
- Foster care under Section 42
- Powers of District Court in adoption matters
- Requirement of calling for reports from Child Welfare Committee and Probation Officer
