Final Order 1

Order Details: Copy of Judgment
Pdf Text: 1 Misc. Petition No. 91-2019
IN THE BOMBAY CITY CIVIL COURT, AT GREATER BOMBAY
MISCELLENIOUS PETITION NO. 91 OF 2019
In the matter of the Hindu Adoption And
Maintenance Act, 1956; U/s. 9 ;
And
In the matter of the Guardians and Wards
Act, 1890;
And
In the matter of the adoption of female
Minor Viona, (DOB 18.11.2013);
1) Mr. Bipin Gangji Rita, ]
Adult Hindu Indian Inhabitant ]
Age : 40 years Occ : Business ]
Residing at Gangji Vershi Rita, ]
Room No. 17, Shriji Kutir Chawl, ]
Kalina Kurla Road, Opp. Millitary ]
Compound Vakola Santacruz (East), ]
Mumbai 400 029. ]...Petitioner no.1
(Father adopting the girl child)
And
2) Mrs. Monica Bipin Rita, ]
@ Monica J. Mota ]
Adult – 28 years, ]
Residing at Gangji Vershi Rita, ]
Room No. 17, Shriji Kutir Chawl, ]
Kalina Kurla Road, Opp. Millitary ]
Compound, Vakola Santacruz (East) ]
Mumbai 400 029. ]...Petitioner No.2
(Biological Mother)
V/s
1) Mr. Jignesh Harakchand Mota ]
Adult, Hindu Indian Inhabitant, ]
Age 30 years. ]
Residing at B18, Nivedan CHS, ]
Near Vikas Palm, Manor Pada, ]
Dr. Ambedkar Road, Thane 400 601. ]...Respondent no.1
(Biological father)
2) Municipal Corporation of Greater ]
-- 1 of 4 --
2 Misc. Petition No. 91-2019
Mumbai ]
(Government of India) ]...Opponent
Ld. Advocate Ms. Jyoti Halwai for Petitioners.
CORAM: K.R.JOGLEKAR, ADHOC JUDGE,
(C.R.NO.34)
DATED: 17th MAY, 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
Section 9(4) of the Hindu Adoption And Maintenance Act, 1956 in the
matter of adoption of female minor VIONA born on 18.11.2013.
2. Petitioners are legally wedded husband and wife who got
married on 21.12.2017. Marriage Certificate is at Exh. E . It is a second
marriage for both of them. Petitioner no.2 i.e. biological mother of the
minor child Viona is divorcee from the first marriage. Her first marriage
ended with divorce on 14.12.2017 Divorce Decree is at Exh. C.
Petitioner no.1 is a reputable person of good moral character with
sufficient ability and financial means to rear nurture and educate the
child in a suitable and proper manner.
3. Respondent no.1 i.e. biological father of the child after being
Divorce specifically declared by that petitioner no.2 that the custody of
the said daughter Viona shall always be with the petitioner no.2.
Hence, the consent of the biological father i.e. Jignesh Harakchand
-- 2 of 4 --
3 Misc. Petition No. 91-2019
Mota is not required as he has not been in any kind of relation or
contact with the child or her mother since separation. Mishap Affidavit
of Mrs. Veluben Gangji Rita, mother of petitioner no.1 is at Exh. H.
4. The copy of Birth Certificate of proposed minor is at Exh. B.
5. Petitioners undertakes to send to this Court follow up reports of
the minor as directed by this Court and shall execute the Deed of
Adoption in favour of this minor after the direction of this Court.
6. Petitioner no.1 i.e. adoptive father opened new LIC Policy of
Rs.5.0 lakh bearing No. 913000870 in the name of Viona.
7. From the perusal of the record and proceedings and upon hearing
of Learned Advocate for the petitioners, they are ready and willing to
take in adoption Viona, therefore, in the best interest of the minor girl
Viona and for her better future, it will be just and proper to allow the
Petitioner to adopt minor female child Viona. Therefore, Petition needs
to be allowed. Therefore, following order.
ORDER
Adoption Petition No. 91 of 2019 is allowed as under:
1. It is hereby declared that petitioner No.1 Mr. Bipin Gangji
Rita is the adoptive father of minor male child Viona and henceforth
child Viona is the daughter of Petitioner.
2. The Petitioner nos. 1 and 2 are directed to execute and to
register Adoption Deed in the concerned Sub Registrar Office within
two 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 Viona Bipin Rita who born on 18.11.2013
-- 3 of 4 --
4 Misc. Petition No. 91-2019
showing the name of Petitioner no.1 Mr. Bipin Gangji Rita as her father
and Petitioner no.2 – Mrs. Monica Bipin Rita as her 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 Viona Bipin Rita.
5. The adoptive parents i.e. Petitioners are permitted to move
the adoptive child out of jurisdiction of this Court.
6. Adoption Petition is hereby disposed off.
Date: 17.05.2019 K.R.JOGLEKAR
Adhoc Judge,
City Civil & Sessions Court,
Gr.Bombay.
Dictated on : 17.05.2019
Typed on : 17.05.2019
HHJ signed on : 17.05.2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
17.05.2019 (1.00 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 17.05.2019
JUDGMENT/ORDER signed by P. O. on 17.05.2019
JUDGMENT/ORDER uploaded on 17.05.2019
-- 4 of 4 --