1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION AND IN ITS GENERAL AND INHERENT JURISDICTION FOREIGN ADOPTION PETITION NO.46 OF 2009 Gurudatta .. Minor Stephen Johnston And Lauren O’Connell .. Petitioner Mr.Rakesh Kapoor for the petitioner. Mr.O.Hareendran representative of ICSW present. Ms.S.M.Dandekar, A.G.P for the State. CORAM : A.S.OKA, J. DATE : 16th December 2009. P.C: . I have heard the learned counsel appearing for the petitioners. I have also heard the representative of the Indian Council of Social Welfare. Mr.Sunil Kumar Arora, Administrative Officer of Bal Asha Trust is personally present. Mr.Arora is the constituted attorney of the petitioners. Mr.Arora has filed an affidavit dated 10th December 2009 in his capacity as the Administrative Officer of Bal Asha Trust. He pointed out that the child is still in the custody of Bal Asha Trust and has not travelled with the petitioners. In paragraphs 9 to 11 he has stated thus: “9. I further say in light of the medical findings Bal Asha Trust has been informed by the said petitioners that they would be incapable of taking care and maintaining the said male child Gurudatta to the best of their ability. 10. I say the said minor Gurudatta is currently in our care and custody. 2 The said Bal Asha Trust is deligently trying to find a suitable adoptive parents who can take care, maintain and bring up the said minor Gurudatta, with the complete knowledge of the said minor’s medical condition. 11. I therefore humbly pray to this Hon’ble Court that keeping the best interest of the said minor, to discharge the said petitioner as guardian of the said minor under section 40 of the Guardian and Wards Act, 1890, as it would be for the ultimate welfare and well being of the said minor that he be placed with an appropriate adoptive family.” 2. He also stated that till the suitable family is found for the child, the said Bal Asha Trust will take all possible care of the minor child. The statements made in the affidavit as well as aforesaid statement is accepted. 3. The petitioners are not ready to adopt the minor child. It will not be in the interest and welfare of the minor that the petitioners are forced to adopt him. In the circumstances, the order dated 6th May 2009 will have to be recalled. Accordingly, the said order is recalled and the minor is placed under the care and custody of the said Bal Asha Trust. Foreign Adoption Petition is accordingly disposed of. (A.S.OKA,J)