1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION FOREIGN ADOPTION PETITION NO.62 OF 2008 Robert Edward Wist and Ila Jayantilal Wist ...Petitioners Mr.R. Kapoor for Petitioners Mr. O. Hareendran, Representative of CARA present None for State CORAM: SMT.ROSHAN DALVI, J. DATED: 2ND JULY, 2008 P.C. 1. The parties desiring to adopt the Indian child, are domiciled in the United States of America. The parties have undertaken the procedure required for adoption of an Indian child. The Petition shows inter alia their financial position as well as the home study report. These are the two aspects which are required to determine the eligibility of the adoption. 2. Mr. Kapoor on behalf of the Plaintiffs drew my attention to the joint income tax returns filed by the Petitioners. He has also produced the latest certificate showing the income 2 of the Petitioners. I have gone through the home study report. 3. The Indian Council of Social Welfare (ICSW) have been represented and have tendered their representation. The representation shows that they have checked and verified each of the aspects mentioned in the Petition. They represent the State for the purpose of adoption of Indian children. 4. The Central Adoption Resources Authority (CARA) has issued their NOC after satisfying themselves that the guidelines for adoption are complied. 5. I am satisfied, as it is in the interest of the child, that from the above facts the Indian child Kunal born on 25th October, 2006 can be adopted and cared for by the Petitioners. His custody, which is until now with Shejar Chhaya at Vashi, District: Thane, Maharashtra State is required to be handed over to the adoptive parents. 6. Mr. Kapoor states that this Petition has not been served upon the Government. He applies for the order permitting adoption to be passed in the absence of service, as that child requires to be given in adoption with expedition and the 3 Petitioners have already booked their passage to India to take custody of the child. 7. CARA and ICSW represent the State. They are the agencies required for verifying the contents of the Petition. In essence the permission of the Court is required to see that any Indian child which is sought to be given in adoption, is not given to undesirable parents, who may otherwise traffic the child. Once the Agency incharge of adoption has verified the particulars and filed its representation, and once the Court has verified the financial position as well as the home study report of the adoptive parents, the twin purpose which would enure for the benefit, interest and welfare of the child is satisfied. Service upon the Government entails further expenses to the Institutions which are shelter homes which keep the child temporarily and until completion of their adoption procedure. If the above requirements are satisfactorily performed, service to the Government can be dispensed with. No case is shown for any specific study or report of the Government for the adoption of the child in this case. Service upon the government is, therefore, dispensed with. 8. Order in terms of the Judges Order is therefore, passed. 4 (SMT. ROSHAN DALVI, J.)