Final Order 1

Order Details: Copy of Judgment
Pdf Text: Adopt.Pet.No.44/2020 Judgment : 1 :
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
ADOPTION PETITION NO.44 of 2020
In the matter of Hindu Adoption and
Maintenance Act, 1956.
AND
In the matter of the Guardians and
Wards Act:
AND
In the matter of adoption of MYRA a
Female minor Child under the age of 12
days (date of birth 01.01.2020)
1. MR.SANJAY MAHADEO PORE
Aged about 43 years,
Occupation: Physio Therapist,
2. MRS.MUSARAT SANJAY PORE
Aged: 42 years,
Occupation: Service,
Both Indian Inhabitants of
Mumbai residing at 14/1401,
Sai Srushti SRA CHS Ltd.
Samarth Nagar, Kajupada,
Borivali (East), Mumbai 400066. .. Petitioners
V e r s u s
1. MR.BABUBHAI PURSHOTTA MAKWANA
Aged about 39 years,
Occupation – Business,
2. MRS.SUNITA BABUBHAI MAKWANA
Age about 35 years,
Occupation- Housewife
Both Indian Inhabitants of
Mumbai, residing at
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Adopt.Pet.No.44/2020 Judgment : 2 :
Room 005, Ground Floor
Shiv Shahi Sankul, Sant Nagar
Manvel Pada, Virar (East)
District- Palghar
Maharashtra State. .. Respondent
Ld. Advocate Mr. Sadanand Gawargur for Petitioners and Respondent.
CORAM : HIS HONOUR JUDGE
SHRI. M.M.UMAR
(Court Room No. 22)
DATE : 7th November, 2020.
JUDGMENT
1. The Petitioner No.1 Sanjay Mahadeo Pore and his wife Petitioner
No.2 Mrs.Musarat Sanjay Pore have filed the present adoption petition
under Hindu Adoption and Maintenance Act, 1956 in the matter of
Adoption of female Child Myra, who was born on 01/01/2020. The
Respondent No. Mr.Babubhai Purshottam Makwana and Respondent
No.2 Mrs.Sunita Babubhai Makwana are the biological parents of minor
child Myra.
2. It is the contention of the petitioners that they are Hindu, they
have no disability and competent to adopt the child as they have no
child though, their marriage was solemnized on 03/11/2006. They are
of sound mind. Therefore, they have decided to adopt the child. It is
contended that the respondents are the biological mother and father of
minor child Myra respectively. They are Hindu and they are also
competent to give the child in adoption. It is contended that the
respondents agreed to give the child Myra in adoption to the petitioners
and the petitioners also agreed to adopt the said child Myra.
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Adopt.Pet.No.44/2020 Judgment : 3 :
Consequently, the present petition is filed.
3. The petitioners have filed certificate of registration of their
marriage, medical certificate regarding their fitness and that they are
not suffering from any disability, so also, they have filed Joint Affidavit
of consent on record. So also, they have filed the documentary evidence
to show that their financial position is sound. They have also filed the
affidavit of Respondents on record and letter of motivation. So also,
copy of adoption deed executed by the respondent in their favour. The
petitioners have also filed the photograph alongwith child Myra etc. on
record.
4. On perusal of the documents, evidence and after hearing the
argument of the learned advocate for the petitioner and respondent, it
appears that the petitioners are ready and willing to take minor Myra in
adoption as their daughter and the biological parents-Respondents have
also consented for the same as discussed above. It is seen that
respondents are not in a position to upbring minor Myra in better way
and for the welfare of minor Myra they have decided to give her in
adoption to the petitioners.
5. It is necessary to mention here that the petitioners, respondents
alongwith minor Myra were present in my Chamber. I had brief
interaction with them. Petitioners appear to be very happy with their
decision to have minor Myra in adoption. I could see happiness of the
adoptive parents-petitioners. They have now feeling of completeness of
the happy family.
Therefore, in the best interest of minor Myra and for her better
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Adopt.Pet.No.44/2020 Judgment : 4 :
future it will be just and proper to allow the petition as the petitioners
are physically, mentally and financially fit to take the said Myra in
adoption as mother and father respectively.
6. In the result, in view of the aforesaid discussion for the welfare
and wellbeing of minor Myra, it is just and desirable to allow the
petition. In the result, following order:
O R D E R
1. Adoption Petition No.44/2020 is allowed.
2. It is declared that the Petitioners Sanjay Mahadev Pore is the
adoptive father of minor female child Myra Babubhai Makwana and
petitioner no.2 Mrs.Musarat Sanjay Pore is her mother. Henceforth,
Myra is the daughter of Petitioners no.1 and 2.
3. The concerned Municipal authorities are directed to issue birth
certificate of Myra who was born on 01/01/2020 showing the name of
Petitioner no.1 Mr.Sanjay Mahadev Pore as her father and petitioner
no.2 Mrs.Musarat Sanjay Pore as her mother.
4. The petitioners are permitted to apply to the passport authorities
and all the Government/Semi Government authorities in respect of
issuance of passport, PAN Card, Aadhar Card and other necessary
documents in the name of Myra Sanjay Pore.
5. Adoption Petition No.44/2020 is thus disposed of accordingly.
Date : 07.11.2020 (M.M.UMAR)
Judge
City Civil Court,
Gr. Bombay.
Dictated on : 07.11.2020
Typed on : 07.11.2020
Signed by HHJ. : 07.11.2020
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Adopt.Pet.No.44/2020 Judgment : 5 :
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
07.11.2020 01.45 p.m. Mrs. Jyoti Mane
Name of the Judge HHJ Shri MM Umar (CR No.22)
Date of Pronouncement of
Judgment/Order.
07.11.2020
Judgment/order signed by P.O on 07.11.2020
Judgment/order uploaded on 07.11.2020
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