IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF NOVEMBER, 2019 BEFORE THE HON' BLE MR. JUSTICE S.G. PANDIT C.R.P.No.443/2019 BETWEEN:
1. MR. LEONARDO SCABISSI S/O FERNANDO SCABISSI AGED ABOUT 41 YEARS R/AT VIA G DI VITTORIO N.2, 42016, GUASTALLA, ITALY.
2. MRS. SARA CELIBERTI W/O LEONARDO SCABISSI AGED ABOUT 38 YEARS R/AT VIA G DI VITTORIO N.2, 42016, GUASTALLA, ITALY.
3. SOCIETY OF SISTERS OF CHARITY HOLY ANGELS CONVENT PREETHI NILAYA SOLUR C/O STELLA MARIS CONVENT NO.23, GAYATHRI DEVI PARK EXT., BANGALORE-560003 REP. BY ITS SUPERINTENDENT SR. ANN ROSE D’ ALMEDIA ...PETITIONERS (BY SMT. JAYNA KOTHARI, SR.COUNSEL FOR SRI ROHAN KOTHARI, ADV.) AND:
NIL …RESPONDENT THIS CIVIL REVISION PETITION IS FILED UNDER SECTION 102 OF THE JUVENILE JUSTICE (CASE AND PROTECTION OF CHILDREN) ACT, 2015 AGAINST THE ORDER DATED 08.07.2019 PASSED IN MISC.PETITION NO.25006/2019 ON THE FILE OF THE XIII ADDL.CITY CIVIL AND SESSIONS JUDGE, MAYO HALL UNIT, BANGALORE REJECTING THE PETITION FILED U/S 61 OF JUVENILE JUSTICE (CASE AND PROTECTION OF CHILD) ACT 2015.
THIS CIVIL REVISION PETITION COMING ON FOR FURTHER HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER This revision petition is directed against the order dated 08.07.2019 passed in Miscellaneous Petition No.25006/2019, on the file of the 13th Additional City Civil Judge and Sessions Judge, by which, the petition filed under Section 61 of the Juvenile Justice (Care and Protection of Child) Act, 2015 (for short ‘JJ Act, 2015’) is rejected. The trial Court rejected the petition on two counts i.e., firstly the Power of Attorney is not executed in India and seals on the said power of attorney is not clear before whom the said power of attorney is executed. And the other count on which, the petition is dismissed is that the petitioners 1 and 2 ought to have come before the Court to depose with regard to the relief claimed by them in the petition. In that background, learned counsel for the petitioner has filed a memo dated 21.11.2019 seeking leave of the Court to withdraw the revision petition with liberty to present fresh petition, under Section 61 of the JJ Act, 2015 before the court below.
2. Learned Senior Counsel appearing for the petitioners further submits that in case the petitioners submits a fresh petition, the trial Court which considers the Miscellaneous Petition be directed to dispose of the petition as early as possible by taking the petition on day to day basis.
3. Memo filed by the petitioners’ counsel is placed on record. The petitioners are permitted to withdraw the revision petition, with liberty to file fresh petition in accordance with law. Accordingly, the revision petition is dismissed as withdrawn.
Since the matter involves Intra-country Adoption and child is of 1½ years old, in the interest of the child, if fresh petition is filed under Section 61 of JJ Act, 2015 in accordance with law, the trial Court to take up the petition on day to day basis and dispose of the same as expeditiously as possible.
Sd/-
JUDGE mpk/-* CT:bms