A division bench of Justice VM Kanade and Justice M S Sonak will pass their order on counterappeals by Goa resident Esmenia Dsouza and her estranged Italian husband, Alessandro Portioli. In June 2010, they were granted joint guardianship of a two-and-a-half-year-old girl from a Pune adoption centre.
A year later the couple split and Dsouza had sole custody of the girl. In June 2011, Portioli got an exparte order of the family court granting him custody. The child lives with him in Pune. Dsouza's advocates, Rohaan Cama and Edith Dey, argued that the child requires her mother more than the father. They said the Child Adoption and Regulation Act is unequivocally clear that a single male would not be given a girl child in adoption. "Custody should be given to the wife with access to the husband," said Cama, adding that none favour the child's repatriation.
On November 20, 2013 Portioli's advocate, Abhijit Sarwate, said the 2006 guidelines, which do not prohibit a single male from adopting a girl child is applicable to adoptions before 2011. He said the child's welfare should be of paramount consideration until the family court's order is set aside, the girl will continue to be in Portioli's custody.
He alleged that the child had lived in unhygienic conditions in Dsouza's house in Goa, which was contested by Cama. He said the Child Welfare Committee must come to see if the child is happy as she is "currently living in hygienic surroundings and going to an IB school". Amicus curiae Mihir Desai said the adoption issue should be looked into as soon as possible because without it the child gets no right in a guardianship battle. "Although appointed by court, guardians can always give up their guardianship and abandon the child. The question of adoption will have to be looked into or the child will go back on the streets," said Desai.
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