Final Order 1

Order Details: Other
Pdf Text: Order ..1 Adoption Petition No.104/2021
MHCC010010022019
IN THE CITY CIVIL COURT AT GREATER MUMBAI
ADOPTION PETITION NO.104 OF 2021
1. Mr. Subhash Hari Rikame
Age: 52 years, Occ: Service,
2. Mrs. Shweta Subhash Rikame
Age: 40 years, Occ: Housewife,
Both R/o D-117, E-2, Highway Park,
CHS Ltd., Opp. Nabard Colony,
Thakur Complex, Kandivli (E)
Mumbai 400 101 ...Petitioners/Adopting parents
AND
1. Mr. Mahesh Harischandra Tatkare
Age: 39 years, Occ: Labour Job,
2. Mrs. Neha Mahesh Tatkare
Age: 38 years, Occ: Housewife,
Both R/o Room No.1, Lalchand Singh
Chawl No.3, Ambewadi, Shantaram Talao,
Opp. Kurar, Police Station Kurar Village,
Malad (E), Mumbai 400 097 ..Copetitioners.
Appearance
Advocate Sanjay Pusalkar for petitioners.
CORAM : HIS HONOUR JUDGE
Sunil T. Soor
(Court No.: 2)
DATED : 17th August, 2021.
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Order ..2 Adoption Petition No.104/2021
O R D E R
Present petition has been under section 9 of the Hindu Adoption
and Maintenance Act, 1956 ( in short “HAMA” ) in the matter of
adoption of the minor female child, Avani having her date of birth
23.06.2014.
2. Heard petitioners, co-petitioners, advocate for petitioners and the
child to be adopted. Perused the record.
3. Petitioners are husband and wife. Their marriage took place on
26.03.1997. They are having one male child namely Sahil aged about
23 years. Co-petitioners are husband and wife. They are having three
daughters namely (i) Shubhangi, age 13 years, (ii) Nidhi, age 11 years
and (iii) Avani, age 7 years (child to be adopted).
4. Petitioner no.2 and co-petitioner no.2 are sisters. Co-petitioner
no.1 is a Driver. Hence co-petitioners are unable to lookafter their
daughters and to educate them propertly. Hence co-petitioners decided
to give their third daughter, Avani in adoption to petitioners. Since last
two years, the child Avani is residing with the petitioner and they are
maintaining said child. Petitioners have no female child hence they
decided to take the child Avani in adoption.
5. Co-petitioners given their consent for giving their child, Avani in
adoption to petitioners. Consent affidavit of petitioners and co-
petitioners are filed on the record. Consent of the child, Avani is filed on
record. Consent of Sahil, son of the petitioners is also filed on record.
Petitioners filed on record their identity and address proof, salary slip of
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Order ..3 Adoption Petition No.104/2021
petitioner no.1, copy of birth certificate of the child Avani and her
photograph, address and identity proof of co-petitioners.
6. Co-petitioners are giving their daughter Avani in adoption to
petitioners because of their poor financial conditions. Parties are close
relatives of each other. They are Hindu by religion. Parties are capable
of taking and giving the child in adoption. Person to be adopted is
capable of giving in adoption. It does not appear that parties have
received or agreed to receive any payment or other reward in
consideration of the adoption of the child. Child to be adopted is below
15 years of the age. Adoption of the child, Avani appears to be for her
welfare. Petitioners fulfilled all conditions for valid adoption. Under the
facts and circumstances, petition is liable to be allowed. Hence
following order is passed.
O R D E R
1) Adoption Petition No.104 of 2021 is allowed.
2) Petitioners Subhash Hari Rikame and Shweta Subhash Rikame are
permitted to adopt the female child Avani having her date of birth
23.06.2014 and they are declared as parents of the female child, Avani
for all purposes allowed by the law including intestacy.
3) Concerned Birth Certificate issuing authority is directed to issue
Birth Certificate of the female child, Avani having date of birth as
23.06.2014 by deleting name of co-petitioner no.1, Mahesh Tatkare as
father and showing name of petitioners Subhash Hari Rikame and
Shweta Subhash Rikame as father and mother of the child Avani within
15 working days from the date of application of petitioner/s.
4) Petitioner shall register Adoption Deed of the child within 3
months from the date of this Order.
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Order ..4 Adoption Petition No.104/2021
5) Adoption Petition No. 104 of 2021 is disposed of.
(Sunil T. Soor)
Judge,
City Civil Court , Gr. Mumbai
Date : 17.08.2021
Typed on : 17.08.2021
HHJ signed on : 17.08.2021
[Note :- Amended copy of order is uploaded as per order dated 02.09.2021. ]
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Order ..5 Adoption Petition No.104/2021
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
DATE 02.09.2021, 2.30 p.m.
UPLOAD DATE AND TIME Mrs. V. N. Rajgole.
NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.2)
H.H.J. Shri. S. T. Soor
C.R.No.02
Date of Pronouncement of
JUDGMENT/ORDER
17.08.2021
JUDGMENT/ORDER signed by P.O.
on
17.08.2021
JUDGMENT/ORDER uploaded on 02.09.2021
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