Final Order 1

Order Details: Other
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MHCC010012122020
Received on : 28.01.2020
Registered on : 01.03.2021
Decided on : 31.03.2021
Duration : 01 Years 02 Months 03 Days
IN THE CITY CIVIL COURT FOR GREATER MUMBAI
ADOPTION PETITION NO.44 OF 2021
1. Mr. Ankush Krushna Gujar
Age; 50 years, Indian Inhabitant.
2. Mrs. Lata Ankush Gujar.
Age: 39 years, Indian Inhabitant,
Adarsh Nagar, Old New Quarters, Aarey
Milk Colony, Near Sai Baba Mandir,
Goregaon (E), Mumbai 400065,
Maharashtra. ...Petitioners
AND
1. Mr. Abhijeet Vivek Chandra Dutta.
Age: 25 years, Indian Inhabitant,
2. Ms. Vrind Abhijeet Dutta. @
Vrinda Suresh Pillai.
Age: 20 years, Indian Inhabitant,
both permanently residing at
Aadivasi Zopadpatti Chawl, Chawl No.A/1,
Unit No.32, Aarey Road, near Buddha Vihar,
Aarey Milk Colony, Goregaon (East),
Mumbia 400065, Maharashtra. ...Co-petitioners
Appearance
Advocate Savita Malkampate for petitioners.
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CORAM : her HONOUR JUDGE
Sunil T. Soor
(Court No.: 2)
DATED : 31st March 2021.
O R D E R
Petition is under section 9 of the Hindu Adoption and
Maintenance Act, 1956 ( in short “HAMA” ) in the matter of adoption of
the minor female child, Arvi Abhijeet Dutta under age of 1 year having
her date of birth 05.08.2019.
2. Heard petitioners and advocate for the petitioners. Perused the
evidence on the record.
3. From the perusal of evidence on the record, it appears that the
petitioners, co-petitioners and child to be adopted are Hindu.
4. Co-petitioners is natural/biological mother of the minor female
child, Arvi Abhijeet Dutta. Arvi Abhijeet Dutta born on 05.08.2019. Her
birth certificate is filed on record.
5. Petitioners are aged about 50 years and 39 years respectively.
Their marriage took place on 06.05.2001. Since more than 15 years of
their marriage, they are issuless. Petitioners have capacity and right to
take female minor in adoption. Co-petitioners are poor and they are
unbale to take care of minor child, Arvi. Arvi is residing with the
petitioners since 2019 with consent of co-petitioners. Petitioners are
looking after minor child Arvi. Petitioners are treating minor child Arvi
as their natural born child. Co-petitioners given consent to petitioners in
writing to adoption of child Arvi.
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6. Hence petitioners adopted the minor child, Arvi by registered
Deed of Adoption executed between the parties. Copy of registered
Deed of Adoption dated 22.08.2019 is filed on the record. It bears
signature of both parties.
7. Income Certificate of petitioner no.1 for the year 2018 -2019
issued by Executive Magistrate, Patan, Dist-Satara is filed on record. It
appears that Annual Income of petitioner no.1 is Rs.6 Lakhs. Petitioners
filed affidavit in support of adotion of child, Arvi. Motivation letter of
petitioners in support of adoption is filed on record. Yashwant Shripati
Salunkhe, brother and sister-in-law of petitioners filed on record
undertaking that in case of death of the petitioners, he will take care of
the child, Arvi Abhijeet Dutta. Marriage certificate of petitioners is filed
on record. Petitioners also filed on record, their joint photograph
alongwith adoptive child, Arvi. Photograph of child, Arvi is separately
filed on record. Medical certificate of petitioners are filed on record
stating that their HbsAg and HIV test are negative. Medical certificate of
the minor child Arvi is filed on record stating that she has no physical
or mental disease at present and is fit. Identity and address proof of
petitioners and co-petitioners are filed on record.
8. It appears that due to poor financial conditions of Co-petitioners,
they given their minor female child, Arvi in adoption to petitioners
through registered adoption deed dated 22.08.2019. Petitioners are
issuless hence out of love and affection towards a child, they adopted
child of co-petitioners. Consent of co-petitioners to give their child, Arvi
in adoption to petitioner is free. Co-petitioners being natural parents of
a child have right to give a child in adoption to petitioners.
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9. It does not appear that either party received consideration or
remuneration for taking or giving the child, Arvi Abhijeet Dutta in
adoption. The adoption of the child, Arvi Abhijeet Dutta is purely out of
love and affection and for welfare of the child. Due consideration is
given to the wishes of the child. Child to be adopted is below 15 years
of the age. Parties are capable of taking and giving a child in adoption.
Petition is filed in order to legally adopt the minor female child, Arvi.
Under the facts and circumstances, following order is passed.
O R D E R
1) Adoption Petition No.44 of 2021 is allowed.
2) Petitioners Ankush Krushna Gujar and Lata Ankush Gujar are
permitted to adopt the minor female child, Arvi having her date of birth
05.08.2019 and they are declared as parents of the female child, Arvi
for all purposes allowed by the law including intestacy.
3) Concerned Birth Certificate issuing authority is directed to issue
Birth Certificate of the child, Arvi having date of birth as 05.08.2019
and showing name of the petitioners Ankush Krushna Gujar and Lata
Ankush Gujar as father and mother of the child, Arvi within 15 working
days from the date of application of the petitioners.
4) Concerned to act on copy of this order.
5) Adoption Petition No. 44 of 2021 is disposed of.
(Sunil T. Soor)
Judge
Date : 31.03.2021 Gr. Mumbai.
Typed on : 31.03.2021
HHJ signed on : 31.03.2021
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
DATE 31.03.2021, 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
31.03.2021
JUDGMENT/ORDER signed by P.O.
on
31.03.2021
JUDGMENT/ORDER uploaded on 31.03.2021
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