Final Order 1

Order Details: Copy of Judgment
Pdf Text: Adopt.Pet.No.40/2020 ORDER : 1 :
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
ADOPTION PETITION NO.40 of 2020
In the matter of 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 Adoption of Female
minor BEDIKA DAS
Indian Association for Promotion of
Adoption & Child Welfare,
Flat 7, Kanara Brotherhood CHS
Mogul Lane, Matunga (W),
Mumbai-400016 through Authorised
Signatory Tanvi Jadhav Age 26 yrs. .. Petitioners
V e r s u s
1. Mr. GOURANGA DAS Age 45 yrs and
2. Mrs.BELA DAS, Age 44 yrs both
Indian Inhabitants presently residing at
5/15, JA Bhiringi, Arabinda Pally,
Durgapur 13.
Permanently residing at
Village Mangal Chowk, Post-Itaberia,
Dist-Purva, Midnapur,
West Bengal 721 456. .. Co-petitioners.
Ld. Advocate Mrs.Leena Nichani for Petitioner and Co-petitioner.
Mr.O.Hareendran representative of ICSW.
CORAM : HIS HONOUR JUDGE
SHRI. M.M.UMAR
(Court Room No. 22)
DATE : 25th November, 2020.
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Adopt.Pet.No.40/2020 ORDER : 2 :
ORDER
1. This is an adoption petition under the provisions of Juvenile
Justice (Care and protection of Children) Act, 2015. The petitioner
Indian Association for the Promotion of Adoption and Child Welfare, is
a not-for-profit Non Government orgnization working with the
deprived children and also recognized Specialized Adoption Agency
under Section 65 of Juvenile Justice (Care and Protection of Children)
Act, 2015, by the State Government of Maharashtra for rehabilitating
orphan, abondoned and surrendered children through adoption in
accordance with the provisions of JJ Act and Adoption Regulation.
2. It is contended that petitioner Indian Association for the
Promotion of Adoption (IAPA) and Child Welfare is the custodian of
female minor Bedika Das whose date of birth is 11/08/2019 was
relinquished by her biological mother before Child Welfare Committee
(CWC) Mumbai, to the Care and Custody of IAPA being the petitioner is
intending to give the said child to the co-petitioners viz. Gouranga Das
and Mrs.Bela Das. It is contended that after following the due
procedure of law the said adoptive parents has been found as eligible
and suitable for adopting by the adoption committee of the Institution
as per the criteria mentioned in Section 57 of Juvenile Justice Act and
Regulation 5 of the Adoption Regulation, based upon the home study
report annexed to the Petition.
3. It is contended that the said minor child Bedika Das is
abandoned child who was placed before CWC Mumbai, on 23/8/2019
and after considering on various aspects CWC has declared the child
legally free for adoption on 22/11/2019. Free for Adoption Certificate
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Adopt.Pet.No.40/2020 ORDER : 3 :
is placed on record.
4. It is contended that prospective adoptive parents (co-petitioners)
are residing at Midnapur, West Bengal. They are aged about 45 and 44
years respectively. Their marriage was solomnized on 16/8/2006, but
there is no biological child out of the said wedlock. It is contended that
they are well aware that the said child Bedika Das is deprived of
physical and mental care, love and affection of parents. The custody of
the said child has been handed over to the co-petitioners and they are
taking the care of said child as she was their own daughter. The co-
petitioners are in a position to offer and give parental love, care,
affection and education to minor Bedika Das. They are ready and
willing to take the said minor in adoption, which is for the benefit of
minor Bedika Das and for her wellbeing. Consequently, the present
petition is filed.
5. The petitioner IAPA/CWC undertook an inquiry under Section
38 of the Juvenile Justice (Care and Protection of Children)Act, 2015
and declared minor Bedika Das legally free for adoption. A certificate to
that effect is placed on record, as stated above.
6. In so far as the adoptive parents are concerned as noted above
they are Indian Nationals residing at Village Mangal Chowk, Dist.Purva,
Midnapur, West Bengal. They were married on 16/8/2006. Their
marriage certificate is on record. They have no issue out of the said
wedlock. Therefore, they have decided to adopt a child. They have
placed on record a motivation letter, interalia recording their thoughts
in regard to adoption.
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Adopt.Pet.No.40/2020 ORDER : 4 :
7. So far as, the adoptive father is concerned, he is working as a
Staff with Durgapur Earthmovers, Durgapur, West Bengal, his gross
salary is Rs.42,200/- per month. He has placed on record his salary
Certificate, Tax Return of 2019-20. The co-petitioner no.2 is the
housewife. The other relevant documents are also placed on record.
8. The medical report of the adoptive father and adoptive mother
placed on record from which it is clear that they are also medically fit
to adopt a child.
9. There is home study report part-I (self assessment) which is a self
assessment setting of the details of familarity of the adoptive parents in
regard to the adoption, the family background and the professional and
employment details of the adoptive parents, etc. There is home study
report Part-II on record which is assessment report by the social worker
attached to the IAPA. There is Child Security Undertaking dated
22/01/2020 which is given by Nephew and daughter-in-law of co-
petitioner residing at Nadia, West Bengal, to look after the minor
Bedika Das in case of any unfortunate mishap to the adoptive parents-
co-petitioners.
10. A joint consent and willingness of the adoptive parents as per the
requirement in law is on record which states that they are ready to be
appointed or declared as adoptive parents of the minor Bedika Das.
11. There is pre-adoption Foster Care Undertaking of the adoptive
parents dated 24/1/2020, in pursuance to which it is informed that the
child in the Foster Care of the adoptive parents. The photographs of the
adoptive parents and the minor child are placed on record.
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Adopt.Pet.No.40/2020 ORDER : 5 :
12. There is representation of Mr.O.Hareendran of Indian Counsil of
Social Welfare, Central Office Mumbai, dated 11/2/2020 checking out
all the details in regard to the proposed adoption. The representation
does not indicate anything adverse for this Court not to permit the
adoption in question.
13. It is pertinent to mention here that the co-petitioners have filed
their evidence affidavit on record. From the evidence and documentary
evidence on record, it is crystal clear that the co-petitioners are
mentally, physically and financially sound to welcome another member
in their family. It appears that the co-petitioners are emotionally
attached with minor Bedika Das and they are taking the care of her as
their own child. It is pertinent to mention here that petitioner after
considering all necessary assessments has recommended for the
adoption of child to the co-petitioners.
14. I have heard to both the adoptive parents, alongwith minor
Bedika Das. I had brief interaction with them in my Chamber. They
appear to be very happy with their decision to have minor Bedika Das
in adoption. I could see happiness of both the adoptive parents.
15. It is pertinent to mention here that I have interviewed the
petitioners in Chamber and I have gone through their evidence on
record. I prima facie find that the petitioners are highly motivated and
have a strong attachment to the child Bedika Das who is in their
custody. The petitioners have stated in one voice that they have a lot of
love and affection for the child and they have treated the child as their
own. They have stated before me that they are financially sound and
they have their place of residence in Midnapur, West Bengal, and are in
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Adopt.Pet.No.40/2020 ORDER : 6 :
a position to take care of all the needs of the child Bedika Das and
would ensure proper education imparted to her.
16. Thus, considering above facts and circumstances, I am of the
considered opinion that for the welfare of the child Bedika Das and for
her wellbeing, reliefs as prayed for are required to be granted. In the
result, following order:
O R D E R
1. Adoption Petition No.40/2020 is allowed.
2. It is declared that the co-Petitioner No.1 Mr.Gouranga Das and
co-Petitioner No.2 Mrs.Bela Das are the adoptive father and mother
respectively of the minor male child Bedika Das and henceforth female
child is the daughter of co-Petitioner No.1 and 2.
3. The concerned Municipal authorities are directed to issue birth
certificate of Bedika Das who was born on 11/8/2019 showing the
name of co-Petitioner No.1 Mr.Gouranga Das as father and co-
Petitioner No.2 Mrs. Bela Das as her mother.
4. The co-petitioners are permitted to apply to the passport
authorities and all the Government/Semi Government authorities in
respect of issuance of passport, PAN Card, Aadhar Card and other
necessary documents in the name of Bedika Gouranga Das.
5. The co-petitioners are directed not to give minor Bedika in
adoption to any other person without previous permission of this Court.
6. The adoptive parents i.e. Co-petitioners are permitted to move
adoptive child Bedika Das out of the jurisdiction of this Court.
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Adopt.Pet.No.40/2020 ORDER : 7 :
7. Adoption Petition No.40/2020 is thus disposed of accordingly.
Date : 25.11.2020 (M.M.UMAR)
Judge
City Civil Court, Gr. Bombay.
Dictated on : 25.11.2020
Typed on : 25.11.2020
Signed by HHJ. : 27.11.2020
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
27.11.2020 1.52 p.m. Mrs. Jyoti Mane
Name of the Judge HHJ Shri MM Umar (CR No.22)
Date of Pronouncement of
Judgment/Order.
25.11.2020
Judgment/order signed by P.O on 27.11.2020
Judgment/order uploaded on 27.11.2020
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