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Court Order

Final Order 1

CNR MHCC01001191201901 Mar 2019
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
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Full Order Text

Final Order 1 · 01 Mar 2019 · CNR MHCC010011912019

Order Details: Copy of Judgment
Pdf Text: IN THE BOMBAY CITY CIVIL COURT,
AT GREATER BOMBAY
MISCELLENIOUS ADOPTION PETITION NO.47 OF 2019
In the matter of the Juvenile Justice
(Care and Protection of Children) Act,
2015, as amended by the Juvenile
Justice (care and Protection of Children)
Rules, 2017 and in the matter of section
58(3) of the said Act;
And
In the matter of the adoption of male
minor JIGNESH DEELIP BORSE.
Indian Association for Promotion of
Adoption & Child Welfare,
Flat 7, Kanara Brotherhood CHS
Mogul Lane, Matunga (W),
Mumbai 400 016 through Authorized
Signatory Jyoti Jadhav Age 37 yrs. ... Petitioner/Applicant.
AND
Mr. Deelip Tukaram Borse, age 43 years and
Mrs. Sheetal Deelip Borse, aged 39 years,
Both Indian Inhabitants permanently residing at
Flat No. 11, Shri Apartment,
Plot No. 33, Satsang Colony, Deopar,
Dhule, State : Maharashtra
Presently residing at – House No. 119/1,
Ward No.1, Swami Vivekanand Nagar,
Shahapur, Dist. Burhanpur,
State Madhya Pradesh. …Proposed Adopters/
Copetitioners.
Learned Advocate Ms.Leena Nichani for the petitioners.
Scrutiny Officer, Mr.O.Harindran, present.
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2 Misc. Petition 47/2019
CORAM : HIS HONOUR JUDGE SHRI.S.G.SHETE.
(C.R.NO.34)
DATED : 1st MARCH, 2018.
ORAL ORDER
This petition is under Section 56 of Juvenile Justice Act,
2015 for adoption of child by name Jignesh Deelip Borse.
2. Petitioner's case is thus :
That petitioner is the Specialized Adoption Agency
(S.A.A.for short). The proposed adopters were married on 09.12.2008
and have no biological child. As per the order of Child Welfare
Committee dated 29.10.2018, child is free for adoption. Both the
prospective adoptive parents registered with Child Adoption Resource
Information with CARA with registration No.PrMa 7064028 and were
directed them to approach the petitioner. Accordingly, petitioner and
copetitioners agreed to adopt the child. Accordingly, after compliance
of all the formalities, executed the Foster Care Agreement on
29.01.2019 and thereby filed this petition.
3. In response to the petition, Scrutiny Officer,
Mr.O.Hareendran submitted his report (Exh.2). In support of the
petition, copetitioner Mr. Deelip Tukaram Borse and Mrs. Sheetal
Deelip Borse filed their evidence on affidavit (Exh. 3 and 4). By filing
the affidavits, petitioner as well as proposed adopter/copetitioner filed
their evidence on affidavit which is found to be cogent and reliable. On
verification, they admitted the contents and agreed to confirm the
adoption of child namely Jignesh Deelip Borse.
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3 Misc. Petition 47/2019
4. Heard the petitioners as well as Advocate Ms.Leena Nichani
and Scrutiny Officer. Perused the documents filed on record in respect
of age, income, birth date, residence, marriage, Marriage Certificate of
the petitioner, report of the Scrutiny Officer as well as Child Study
Report, Home Study Report, undertaking etc. They are taken on record.
5. Upon perusal of record as well as upon hearing, it reveals
that child is given in the custody of proposed adoptive parents and
residing happily with them. Proposed adoptive parents Mr. Deelip
Tukaram Borse shown his willingness to nominate adoptive child in his
property and the LIC policies, if any.
6. Considering the prayer as well as the documents filed on
record, I am satisfied to grant the permission to adopt the child.
Hence, the order.
: ORDER :
Misc. Petition No. 47 of 2019 is allowed as under:
1. Copetitioners/proposed adoptive parents permitted to
adopt the male minor child Jignesh Deelip Borse as per
the Juvenile Justice (Care and Protection of Children)
Act, 2015 from the petitioner Indian Association for
Promotion of Adoption & Child Welfare, Flat 7, Kanara
Brotherhood CHS, Mogul Lane, Matunga (W), Mumbai
400 016.
2. Copetitioners/proposed adoptive parents shall
nominate the adoptive child in their property and LIC
policies, if any, within three months from the date of
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4 Misc. Petition 47/2019
this order.
3. Municipal Authorities shall issue Birth Certificate of
Child namely “Jignesh” son of Mr. Deelip Tukaram
Borse alongwith the name of mother as Mrs. Sheetal
w/o. Deelip Borse having date of birth as 06.05.2018.
4. The adoptive parents do pay a sum of Rs.2,500/ to the
Indian Council of Social Welfare, Mumbai towards the
cost of scrutiny and investigation.
5. Misc. Petition is hereby disposed of.
K.R.JOGLEKAR
Adhoc Judge,
City Civil & Sessions Court,
Gr.Bombay.
Date : 01.03.2019
Dictated on : 01.03.2019
Typed on : 01.03.2019
Signed on : 01.03.2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
01.03.2019 (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
01.03.2019
JUDGMENT/ORDER signed by P. O. on 01.03.2019
JUDGMENT/ORDER uploaded on 01.02.2019
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