1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION AND IN ITS GENERAL INJERENT JURISDICTION FOREIGN ADOPTION PETITION NO. 74 OF 2009 Verdier Francis and his wife Verdier Benedicte both French Nationals, residing at Ancienne La Gare 46700, Duravel, France, through their Constituted Attorney: Indu Mehta, Asha Sadan, Rescue Home, Umerkhadi Mumbai – 400 009 .... Petitioners. v/s Asha Sadan, Rescue Home, Umerkhadi, Mumbai – 400 009. ..... Respondent. Ms. Lalita Jaya Raj for petitioners. Ms. Madhulata Kajale, AGP for State. Mr. O. Hareendran, representative of ICSW, present. CORAM: V. M. KANADE, J. DATE : 3rd March, 2010 P.C.:- 1. Perused the affidavit dated 19th January, 2010. By order dated 26th August, 2009, Petitioners were appointed as guardians of the minor Shankar and were permitted to take him to France for adoption. However, after the Petitioners arrived at Mumbai, they found that the child could not be 2 controlled and they informed the Rescue Home Asha Sadan by their letter dated 4/12/2009 that they did not wish to take Shankar with them. Petitioners did not accept the guardianship of the child and gave a letter to that effect in writing. Their decision was also intimated to ICSW. The French Agency also has made a request that the order dated 26/08/2009 appointing Petitioners as guardians of the child may be revoked. 2. Under section 40 of the Guardians and Wards Act, 1890 this Court has power to pass the order of revocation. Section 40 reads as under:- 40. Discharge of guardian.-(1) If a guardian appointed or declared by the Court desires to resign his office, he may apply to the Court to be discharged. (2) If the Court finds, that there is sufficient reason for the application, it shall discharge him, and if the guardian making the application is the Collector and the [State] Government approves of his applying to be discharged, the Court shall in any case discharge him.” Perusal of the said section discloses that the Court can discharge the guardian and revoke its earlier order, if it is satisfied that there is sufficient reason for granting application of discharge. In the present case, ICSW has also 3 approved the application. 3. Taking into consideration the aforesaid facts and circumstances, therefore, in my view, sufficient ground has been made out by the Chairperson of Asha Sadan for revoking the earlier order passed by this Court dated 26/08/2009. Under these circumstances, therefore, in view of the affidavit dated 19/01/2010, the earlier order dated 26/08/2009 passed by this Court is revoked. (V.M. KANADE, J.) 4