Final Order 1

Order Details: Copy of Judgment
Pdf Text: 1 Adoption Petition No.16-2019
IN THE BOMBAY CITY CIVIL COURT, AT GREATER BOMBAY
MISCELLENIOUS PETITION NO. 16 OF 2019
In the matter of Hindu Adoption and
Maintenance Act, 1956 Section 9(2);
And
In the matter of the Adoption of BABY
INAAYAaliasINAAYA PARIN SHAH a
female minor under the age of 15 years.
1. MR. PARIN NIRANJAN SHAH, ]
A Hindu, Indian Inhabitant, ]
aged 36 years, ]
2. MRS. KINJAL PARIN SHAH, ]
A Hindu, Indian Inhabitant, ]
aged 35 years, ]
Both residing at B/306, ]
Keshav Srishti, Near Dena Bank, ]
LBS Marg, Bhandup (W), ]
Mumbai 400 078 ] ...Petitioners/
Proposed Adoptive Parents
V/s
MS. ERPULA RAJITHA, ]
a Hindu Indian Inhabitant, ]
Age 28 years, ]
residing t Room No. 408, ]
Building No. K9,Prabhat CHS, ]
Surya Complex, MMRDA, ]
Bhandup (W), Mumbai 400 078 ] ...Respondent
Ld. Advocate Mrs. Aarti P. Kulkarni for Petitioners and Respondent.
CORAM: K.R.JOGLEKAR, ADHOC JUDGE,
(C.R.NO.34)
DATED: 1 st FEBRUARY, 2019.
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2 Adoption Petition No.16-2019
(DICTATED AND PRONOUNCED IN OPEN COURT)
:ORAL ORDER:
This petition is under the provisions of Section 9(2) of the
Hindu Adoption and Maintenance Act, 1956 in the matter of adoption
of baby Inaaya @ Inaaya Parin Shah female minor under the age of 15
years.
2. The Petitioners/ proposed parents are Hindu and are
legally wedded husband and wife and they got married on 29.11.2011.
Out of the said wedlock, they have no biological child. Accordingly they
have annexed Medical Reports at Exh “A”.
3. Respondent is the unmarried mother and the proposed
adoptive child was born on 02.12.2018 at D.Y. Patil Hospital, Navi
Mumbai but being illegitimate child of the respondent and respondent
being a biological mother of the said child, she has sole legal right to
give in adoption the said child.
4. The first proposed Adoptive Parent is working in Nebulla
Advertising Pvt. Ltd. And his annual income is Rs. 13,20,000/ p.a. and
second Adoptive Parent is working in General Mills India Pvt. Ltd. and
her gross annual income is Rs. 36,92,557/ p.a. They have produced on
record necessary documents at Exh. “B”. The proposed Adoptive Child
has been in care and custody of the Petitioners/Proposed Adoptive
Parents from 06.12.2018. Consent Affidavit of respondent i.e.
biological mother is at Exh. “D”. Accordingly, they prayed for grant of
Adoption Petition.
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5. The Claim Affidavit of Petitioners/Proposed Adoptive Parents is at
Exh.2 and 3 respectively and claim Affidavit of Respondent is at Exh.4.
6. From the perusal of the record and proceedings and upon
hearing of Learned Advocate for the Petitioners and Respondent, as
Petitioners are not having any biological child out of their wedlock and
as the Respondent being biological mother of the child is ready and
willing to give in adoption female minor child Inaaya and as Petitioners
are ready and willing to take in adoption to her, therefore, in the best
interest of the minor child Inaaya and for her better future, it will be
just and proper to allow the Petitioners to adopt minor female child
Inaaya from the respondent. Therefore, Petition needs to be allowed.
Therefore, following order.
ORDER
Adoption Petition No. 16 of 2019 is allowed as under:
1. It is hereby declared that petitioner No.1 Mr. Parin
Niranjan Shah and Petitioner No.2 Mrs. Kinjal Parin Shah are the
adoptive father and mother respectively of minor female child Inaaya
and henceforth child Inaaya is the daughter of Petitioner Nos.1 and 2.
2. The Petitioners and Respondent are directed to get
executed and to register Adoption Deed in the concerned Sub Registrar
Office within three months from the date of this order and to submit
copy of the registered document in this Court.
3. The concerned Municipal Authorities of BMC are directed
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to issue Birth Certificate of Inaaya Parin Shah who born on 02.12.2018
showing the name of Petitioner No.1 Mr. Parin Niranjan Shah as her
father and Petitioner No.2 Mrs. Kinjal Parin Shah as her mother.
4. The Petitioner Nos.1 and 2 i.e. adoptive parents of minor
female child Inaaya shall invest Rs.2,00,000/as one time investment
either in LIC or in any Nationalized Bank or in any scheme of Postal
Authority in the name of minor child Inaaya and to nominate her in
their property and other investment if any, within three months from
the date of this order and to submit copy of the documents in this
Court.
5. The Petitioners are further permitted to apply to passport
authorities and all other Government/Semi Government authorities in
respect of issuance of Pass Port, Pan Card, Aadhar Card and all other
necessary documents in the name of Inaaya Parin Shah.
6. The adoptive parents i.e. Petitioner Nos.1 and 2 are
permitted to move the adoptive child out of jurisdiction of this Court.
7. Adoption Petition is hereby disposed off.
Date: 01.02.2019 K.R.JOGLEKAR
Adhoc Judge,
City Civil & Sessions Court,
Gr.Bombay.
Dictated on : 01.02.2019
Typed on : 01.02.2019
HHJ signed on : 01.02.2019
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
01.02.2019 (5.00 p.m.) MRS. APARNA V. LELE
(H.G. STENOGRAPHER)
Name of the Judge
(with Court Room No.)
Shri K.R. Joglekar
C.R. No.34
Date of Pronouncement of JUDGMENT/
ORDER
01.02.2019
JUDGMENT/ORDER signed by P. O. on 01.02.2019
JUDGMENT/ORDER uploaded on 01.02.2019
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