NAVEEN JANDIAL Vs. CHILD WELFARE COMMITTEE

JUDGEMENT

(1.) Petitioners have filed the instant petition seeking quashment of order passed on 30.03.2019 by the Court of learned Principal District Judge, Jammu in proceedings filed under section 9 (4) and (5) of Hindu Adoption and Maintenance Act for permission to adopt Hindu Infant female, namely, Gavya on the grounds detailed out in the petition with a particular reference that the Trial Court has not considered the matter in tune with the law.

(2.) Petitioners filed application under Section 9 (4) and (5) of Hindu Adoption and Maintenance Act before the learned Principal District Judge, Jammu for permission to adopt a Hindu female infant, namely, Gavya on the ground that they got married for 16 years ago and are financially sound and well educated, therefore, have decided to adopt a female infant and for that purpose they approached the Child Welfare Committee Jammu and selected an orphan female infant, which was in their care and custody. It is further stated that respondents after satisfying regarding the suitability and fitness of the petitioners to take the responsibility of the security, care and custody of the infant, handed over the custody of the infant to the petitioners initially for a period of three months on 19.11.2018 which was renewed thereafter from time to time and is still in their custody. The orders of custody issued by the respondents on 19.11.2018 and 12.02.2019 are taken note of:

(3.) The learned Principal District Judge, Jammu while considering the petition of the petitioners for permission to adopt a Hindu female infant as discussed in the provision of law and the stand taken by the parties in Paragraphs- 5 and 6 of the order. Both the paragraphs are being relevant are taken note of :