Final Order 1

Order Details: Copy of Judgment
Pdf Text: 1 Misc. Petition No. 70-2019
IN THE BOMBAY CITY CIVIL COURT, AT GREATER BOMBAY
MISCELLENIOUS PETITION NO. 70 OF 2019
[CNR NO. MHCC010011942019]
In the matter of Under Section 56 of the
Juvenile Justice (Care and Protection of
Children) Act, 2015 (2 of 2016)
(Hereinafter referred to as “Juvenile Justice
Act”) read with regulations 52(4) and 55(2)
of the Adoption Regulations ;
And
In the matter of adoption of the child :
MANTHAN (Male, DOB 08/05/2006);
Mr. Balasaheb Ramnath Kanwade, ]
Son of Ramnath Kanwade ]
Aged : 36 years Occ : Service ]
Indian Inhabitant of Mumbai ]
Residing at Flat No. 03/19, ]
New Police Officers Quarters, ]
G D Ambedkar Marg, ]
Naigaon Parel, Mumbai. ]...Applicant Adoptive Father
AND
Mrs. Shubha Balasaheb Kanwade ]
Wife of Mr. Balasaheb Ramnath ]
Kanwade ]
Aged : 39 years Occ : Service ]
Indian Inhabitant of Mumbai ]
Residing at Flat No. 03/19, ]
New Police Officers Quarters, ]
G D Ambedkar Marg, ]
Naigaon Parel, Mumbai. ]...Applicant Biological Mother
Ld. Advocate Ms. Gauri Govande for applicants.
CORAM: K.R.JOGLEKAR, ADHOC JUDGE,
(C.R.NO.34)
DATED: 26 th APRIL, 2019.
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2 Misc. Petition No. 70-2019
(DICTATED AND PRONOUNCED IN OPEN COURT)
:ORAL ORDER:
This petition is under the provisions Of Section 56 of the
Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of
2016) (Hereinafter referred to as “Juvenile Justice Act”) read with
regulations 52(4) and 55(2) of the Adoption Regulations in the matter
of adoption of baby MANTHAN male child, D.O.B. 08.05.2006.
2. Applicants are legally wedded husband and wife who got
married on 09.07.2011. The applicant no.2 Mrs. Shubhangi earlier got
married with Hemant Kharat and from the said wedlock, applicant no.2
Shubhangi gave birth to minor child by name Manthan who born on
08.05.2006. Thereafter applicant no.2 and her first husband Hemant
Kharat took divorce by mutual consent as per the Judgment and decree
of divorce dated 16.04.2010 passed by Judge Family Court No.4,
Mumbai. The Consent Terms were filed before the Family Court and
accordingly the first husband of the applicant no.2 and the biological
father of child Manthan gave no objection to applicant no.2 to give in
adoption the child Manthan and therefore his consent is not required.
3. After the dissolution of the first marriage of applicant no.2, she
got married with applicant no.1 on 09.07.2011 of which copy of
Marriage Registration Certificate is on record at Exh. B. From the said
wedlock applicant is having female child namely Mouli who born on
19.01.2014.
4. The biological mother of the child Manthan i.e. applicant no.2
Shubha Kanwade and applicant no.1 Balasaheb Kanwade are adopting
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3 Misc. Petition No. 70-2019
the child for his welfare. Accordingly they have executed notarized
Deed of Adoption on 27.12.2018.
5. The adoptive father is working as Asst. Police Inspector working
in Mumbai Police and his monthly income is Rs. 43,623/. He has
produced on record copy of Income Tax Returns of 3 years at Exh. C.
6. Consent Affidavit of Adopting Parents are at page nos. 6569.
Mishap Affidavit of Mr. Vinod Wakkchare, real brorher of Mrs.
Shubhangi Hemant Kharat @ Mrs. Shubha Balasaheb Kanwade is at
page no. 5053. Accordingly, he prayed for grant of Adoption Petition.
7. From the perusal of the record and proceedings and upon hearing
of Learned Advocate for the applicants/petitioners, applicants are ready
and willing to take in adoption Manthan, therefore, in the best interest
of the minor child Manthan and for his better future, it will be just and
proper to allow the Petitioners to adopt minor male child Manthan.
8. The Petitioner No. 1 i.e. adoptive father of minor male child
Manthan undertakes to invest in the Manthan's name Rs. 1,00,000/ as
one time investment with the LIC. Therefore, Petition needs to be
allowed. Therefore, following order.
ORDER
Adoption Petition No. 70 of 2019 is allowed as under:
1. It is hereby declared that petitioner No.1 Mr. Balasaheb
Ramnath Kanwade is the adoptive father of minor male child Manthan
and henceforth child Manthan is the son of Petitioners.
2. The Petitioners are directed to execute and to register
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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
to issue Birth Certificate of Manthan Balasaheb Kanwade who born on
08.05.2006 showing the name of Petitioner No.1 Mr. Balasaheb
Ramnath Kanwade as his father and Petitioner No.2 Mrs. Shubha
Balasaheb Kanwade as his mother.
4. 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 Manthan Balasaheb Kanwade.
5. The adoptive parents i.e. Petitioner Nos.1 and 2 are
permitted to move the adoptive child out of jurisdiction of this Court.
6. Adoption Petition is hereby disposed off.
Date: 26.04.2019 K.R.JOGLEKAR
Adhoc Judge,
City Civil & Sessions Court,
Gr.Bombay.
Dictated on : 26.04.2019
Typed on : 26.04.2019
HHJ signed on : 30.04.2019
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5 Misc. Petition No. 70-2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
30.04.2019 (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
26.04.2019
JUDGMENT/ORDER signed by P. O. on 30.04.2019
JUDGMENT/ORDER uploaded on 30.04.2019
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