Final Order 1

Order Details: Copy of Judgment
Pdf Text: 1 Misc. Petition No. 51-2019
IN THE BOMBAY CITY CIVIL COURT, AT GREATER BOMBAY
MISCELLENIOUS PETITION NO. 51 OF 2019
In the matter of Section 9 of the Hindu
Adoption an Maintenance Act, 1956 ;
And
In the matter of the Guardians and Wards
Act, 1890;
And
In the matter of the Adoption of DURVA a
female minor under the age of 15 years.
1. Mr. Surendra Masu Kharat, ]
aged 48 years, Occupation : Business ]
2. Mrs. Alka Surendra Kharat, ]
aged 43 years, ]
Occupation : Housewife ]
Both petitioner are Boudha Indian ]
Inhabitant of Mumbai, residing at ]
281/17, R.D. Lokhande Chawl, ]
Dr. Ambedkar Chowk, Kurla (W), ]
Mumbai 400 070 ] ...Petitioners/
Proposed Adoptive Parents
V/s
1) Mr. Sunil Geneba Thopate, ]
Aged about 42 years, ]
2) Mrs. Shaila Sunil Thopate , ]
Aged about 32 years, ]
Occupation : Housewife ]
Both respondents are Hindu Indian ]
Inhabitant of Mumbai residing at ]
Siddharth Krida Mandal, ]
Dr. Ambedkar Chowk, 278/7, ]
Utfat Bai Chawl, Takiya Ward, ]
Teen Nal, Kurla(W) Mumbai 400 070] ...Respondents
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2 Misc. Petition No. 51-2019
Ld. Advocate Mr. Sameer K. Sawant for Petitioners and Respondent.
CORAM: K.R.JOGLEKAR, ADHOC JUDGE,
(C.R.NO.34)
DATED: 8 th MARCH, 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 adoption
of baby Durva female minor under the age of 15 years.
2. The Petitioners/ proposed parents are Boudha Indian
Inhabitant and are legally wedded husband and wife and they got
married on 25.05.1997. Out of the said wedlock, they have no
biological child. Accordingly they have annexed Motivation Letter at
Exh “A”.
3. Respondents are Hindu and legally wedded husband and
wife. Out of the said wedlock they have three daughters viz Prerana
aged 12 years, Pradnya aged 11 years and Durva aged 4 ½ years
(proposed adoptive child). Durva being the child of the respondents
and respondents being a biological father and mother of the said child,
they have sole legal right to give in adoption the said child.
4. The first proposed Adoptive Parent is having business of
BMC Contractor and his annual income is Rs. 5,67,649/ for the
Assessment year 201819 and second Adoptive Parent is housewife
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3 Misc. Petition No. 51-2019
having no independent source of income. The petitioners and
respondents are known to each other from past several years and are
good friends and being neighbor, the proposed Adoptive Child used to
stay with the petitioners from her childhood and thus minor Durva has
been in care and custody of the Petitioners/Proposed Adoptive Parents
from from very early childhood. Consent Affidavit of respondents i.e.
biological father and mother are at Exh. “L & M” respectively.
Accordingly, they prayed for grant of Adoption Petition.
5. The Claim Affidavit of Petitioners/Proposed Adoptive Parents is at
Exh.2 and 3 respectively and claim Affidavit of Respondents are at
Exh.4 and 5 respectively.
6. From the perusal of the record and proceedings and upon hearing
of Learned Advocate for the Petitioners and Respondents, as Petitioners
are not having any biological child out of their wedlock and as the
Respondents being biological father and mother of the child is ready
and willing to give in adoption female minor child Durva and as
Petitioners are ready and willing to take in adoption to her, therefore, in
the best interest of the minor child Durva and for her better future, it
will be just and proper to allow the Petitioners to adopt minor female
child Durva from the respondents.
7. The Petitioner Nos. 1 and 2 i.e. adoptive parents of minor female
child Durva undertakes to invest in the Durva's name Rs. 1,00,000/ as
one time investment with the Nationalized Bank. Therefore, Petition
needs to be allowed. Therefore, following order.
ORDER
Adoption Petition No. 51 of 2019 is allowed as under:
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1. It is hereby declared that petitioner No.1 Mr. Surendra
Masu Kharat and Petitioner No.2 Mrs. Alka Surendra Kharat are the
adoptive father and mother respectively of minor female child Durva
and henceforth child Durva is the daughter of Petitioner Nos.1 and 2.
2. The Petitioners and Respondents are directed to get
executed 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 Durva Surendra Kharat who born on
28.09.2014 showing the name of Petitioner No.1 Mr. Surendra Masu
Kharat as her father and Petitioner No.2 Mrs. Alka Surendra Kharat as
her mother.
4. The Petitioner Nos.1 and 2 i.e. adoptive parents of minor
female child Durva shall invest Rs. 1,00,000/ as one time investment
with the Nationalized Bank and nominate her in their 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 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 Durva Surendra Kharat.
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6. The adoptive parents i.e. Petitioner Nos.1 and 2 are
permitted to move the adoptive child out of jurisdiction of this Court.
7. Adoption Petition is hereby disposed off.
Date: 08.03.2019 K.R.JOGLEKAR
Adhoc Judge,
City Civil & Sessions Court,
Gr.Bombay.
Dictated on : 08.03.2019
Typed on : 08.03.2019
HHJ signed on : 08.03.2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
22.03.2019 (3.00 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
08.03.2019
JUDGMENT/ORDER signed by P. O. on 08.03.2019
JUDGMENT/ORDER uploaded on 22.03.2019
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