Final Order 1

Order Details: Copy of Judgment
Pdf Text: 1 Misc. Petition No. 85/2019
IN THE BOMBAY CITY CIVIL COURT, AT GREATER BOMBAY
MISCELLENIOUS ADOPTION PETITION NO. 85 OF 2019
In the matter of Section 9 of the Hindu
Adoption and Maintenance Act, 1956;
And
In the matter of the Guardians and Wards
Act, 1890;
And
In the matter of the adoption of baby
Jebisha a female minor child under the age
of 18 years;
Mr. Harmit Singh Malhotra, ]
Aged : 37 years, Occupation Service ]
Presently Residing at : Trikal CHS 309 Ltd. ]
Flat No.301, Pant Nagar, ]
90 Feet Road, Ghatkopar (East), ]
Mumbai – 400 075. ]...Petitioner
V/s
1) Mrs. Damanpreet Kaur Malhotra, ]
Aged 32 years, Occupation Housewife ]
Presently Residing at : Trikal CHS 309 Ltd. ]
Flat No.301, Pant Nagar, ]
90 Feet Road, Ghatkopar (East), ]
Mumbai – 400 075. ]...Respondent No.1
2) Mr. Jagdeep Singh, ]
RO – F – 13/14, Krishna Nagar, ]
Delhi 110 051. ]...Respondent No.2
Ld. Advocate Mr. Rajesh Bindra for Petitioner and Respondent No.1
None for Respondent No.2.
Coram : A.S.Sayyad, Judge, (C.R.No.34),
City Civil & Sessions Court.
Dated : 19 th July, 2019.
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2 Misc. Petition No. 85/2019
(DICTATED AND PRONOUNCED IN OPEN COURT)
:ORAL ORDER:
This petition is under the provisions of Section 9 of the
Hindu Adoption and Maintenance Act, 1956, in the matter of Hindu
Minority and Guardian Act, 1956 in the matter of adoption of minor
Jebisha female minor under the age of 18 years born on 29.09.2013.
2. Applicants are legally wedded husband and wife who got married
on 03.09.2017. They have no biological children from this marriage. It
is a second marriage of petitioner and respondent. The Marriage
Certificate is at Exh.C on page no.19 of the petition. The petitioner
states that he is a Divorcée as well as he is having a daughter aged 8
years from his first wedlock and as per the consent term in Petition No.
A1290 of 2014 permanent custody of the girl will be with her mother
(petitioner's first wife). The same is at Exh.H from pages no.2934. The
respondent no.1 is Divorcée from her first marriage. Her first marriage
ended with divorce by an order dated 29.08.2016 passed by Principal
Judge, Family Courts, SouthEast, Saket, New Delhi. The same is at
Exh.B from pages no. 1418 of the petition. The custody of female child
Jebisha continued with the respondent no.1 by this order and decree.
Medically the petitioner and his wife are in good health. The copy of the
fitness certificate of the petitioner and respondent no.1 are at Exh.I1
and Exh.I2 on page no.3536. The copy of PAN card of petitioner and
copy of Aadhar card of respondent no.1 are at Exh.N and Exh.O at
pages no. 48 and 49 respectively.
3. The Petitioner i.e. adoptive father is employed with ARC as GM
(IT) and he is drawing a monthly salary of Rs.1,60,000/. The copy of
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3 Misc. Petition No. 85/2019
salary slip for the month of December 2017 is at Exh.E, page no.21. The
copy of Income Tax Returns are at Exh.E1, Exh.E2 and Exh.E3 from
pages no. 2224 respectively.
4. References letter at Exh.L and Exh.M at pages no.46 and 47.
Mishap Affidavit of Mr. Rajinder Singh Malhotra and Mrs. Jagjeet kaur
Malhotra, parents of the petitioner and inlaws of the respondent at
Exh.K pages no.43 to 45. The copy of the photograph of said child and
joint photograph of the petitioner alongwith respondent no.1 and said
child is at Exh.J4 and Exh.J5 respectively at pages no.41 and 42 of
the petition. Health Report of baby Jebisha at Exh.I3 at page no.37 of
the petition.
5. The affidavit of service of summons upon respondent no.2 which
is returned back with endorsement 'left' is at Exh.2. The application for
substitute service upon respondent no.2 is at Exh.3. The affidavit of
publication of public notice in Hindi and English newspaper is at Exh.4.
6. From the perusal of the record and proceedings and upon hearing
of Learned Advocate for the petitioner/respondent no.1, they are ready
and willing to take in adoption Jebisha, therefore, in the best interest of
the minor bay Jebisha and for her better future, it will be just and
proper to allow the Petitioner to adopt minor female child Jebisha.
7. The Petitioner No. 1 i.e. adoptive father of minor female child
Jebisha undertakes to invest in the Jebisha's name Rs. 1,00,000/ as one
time investment with the LIC or in any Nationalized Bank. Therefore,
Petition needs to be allowed. Therefore, following order.
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4 Misc. Petition No. 85/2019
ORDER
Adoption Petition No. 85 of 2019 is allowed as under:
1. It is hereby declared that petitioner Mr. Harmit Singh
Malhotra is the adoptive father of minor female child Jebisha and
henceforth child Jebisha is the daughter of Petitioner.
2. The Petitioner is directed to execute 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
to issue Birth Certificate of Jebisha who born on 29.9.2013 showing the
name of Petitioner Mr. Harmit Singh Malhotra as her father and
Respondent no.1 Mrs. Damanpreet Kaur Malhotra as her mother.
4. The Petitioner i.e. adoptive father of minor female child
Jebisha shall invest Rs. 1,00,000/ as one time investment with the LIC
or in any Nationalized Bank and nominate her in his 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 Petitioner and Respondent No.1 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 Jebisha.
6. The adoptive parents i.e. Petitioner and Respondent No.1 is
permitted to move the adoptive child out of jurisdiction of this Court.
7. Adoption Petition is hereby disposed off.
Date: 19.07.2019 A.S. Sayyad,
Judge,
City Civil & Sessions Court,
Gr.Bombay.
Dictated on : 19.07.2019
Typed on : 19.07.2019
HHJ signed on : 19.07.2019
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
19.07.2019 (5.25p.m.) MRS. K.Y. INAMDAR
(STENOGRAPHER)
Name of the Judge
(with Court Room No.)
Mr. A.S. Sayyad
C.R. No.34
Date of Pronouncement of JUDGMENT/ ORDER 19.07.2019
JUDGMENT/ORDER signed by P. O. on 19.07.2019
JUDGMENT/ORDER uploaded on 19.07.2019
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