Final Order 1

Order Details: Copy of Judgment
Pdf Text: 1 Misc. Petition No.64/2019
IN THE BOMBAY CITY CIVIL COURT, AT GREATER BOMBAY
MISCELLENIOUS PETITION NO. 64 OF 2019
In the matter of Section 41 of Juvenile Justice
(Care and Protection of Children) Act, 2015
under Section 58(3) and Section 12(2) of
Adoption Regulations 2017;
And
In the matter of the adoption of Baby
VARTIKA alias DISHA inmate of Vatsalya
Trust, having its address Near Kanjur Marg
Police Station, Kanjur [East], Mumbai 400 042
VATSALYA TRUST, MUMBAI ]
Having their registered office at ]
Near Kanjur Marg Police Station, ]
Kanjur(E), Mumbai400 042. ]
Through its Sr. Social Worker ]
Manisha Bagle. ]...Petitioner/Applicant
AND
1. SHRI ARUN KARKAL PULIKERI PRABHU,]
Adult Inian Inhabitant, aged 48 years, ]
Occ.: Business. ]
2. Mrs. SOWMYA ARUN PRABHU ]
Adult Indian Inhabitant, aged 40 years, ]
Occupation : House wife ]
Both residing at 591009/2, Anand, ]
2nd ft. Kuloor Ferry Rd. Alake, ]
Mangalore – 575003 ]...Proposed Adopters/
CoPetitioners.
Ld. Advocate Mrs. Sangeeta Nagpal for Petitioners/applicant &
Proposed Adopters/ CoPetitioners .
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2 Misc. Petition No.64/2019
CORAM: K.R.JOGLEKAR, ADHOC JUDGE,
(C.R.NO.34)
DATED: 28 th MARCH, 2019.
(DICTATED AND PRONOUNCED IN OPEN COURT)
:ORAL ORDER:
This is the petition under Section 41 of The Juvenile Justice
(care and protection of the Children), Act 2015 under Section 58(3) &
Section 12(2) of Adoption Regulations 2017 for adoption of child by
name VARTIKA alias DISHA.
2. The petitioner VATSALYA TRUST, MUMBAI was the
custodian of a said minor female child VARTIKA alias DISHA who is
born on 23/05/2018. The biological mother of the child surrendered
her child before Child Welfare Committee, Mumbai on 28/05/2018 and
the custody was given to the Petitioner Institution i.e Vatsalya Trust,
Mumbai under Section 36(1) of Juvenile Justice Act with Rule 18(4) of
the Model J.J. Rules, 2016 as per the custody memo of CWC, Mumbai
Suburban District dated 28/05/2018. After making inquiry, under
Section 38 of the Juvenile Justice ( Care & Protection of Children) Act,
2015, the Child Welfare Committee, Mumbai Suburban District,
Mumbai declared the proposed minor child VARTIKA alias DISHA
“Legally free for adoption” as on 06/09/2018. The said Order is on
record at page No. 8889 of the Petition.
3. The Copetitioners are residing at 591009/2, Anand, 2 nd
ft. Kuloor Ferry Rd. Alake, Mangalore 575003. The Copetitioners are
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3 Misc. Petition No.64/2019
legally wedded husband and wife who married on 29/11/1999 but they
are not having any biological child. Therefore, they decided and
motivated to adopt a child. The said letter is at Exh.A. The prospective
adoptive father self employed (business of computer hardware known
as “Netlink Computers at Mangalore) since 1995 and having his income
for the Assessment year 201819 is Rs. 3,25,127/. The prospective
adoptive mother is homemaker. Copies of PAN and Aadhar Card, Proof
of Resience and Insurance/ Bank Certificate are on record at page Nos.
1619, 2945, 4954. The Child care plan declaration is on record at
page no.59. The Home study report Part I : Self Assessment by the
prospective adoptive parents and Home study report Part :II Assessment
Report of the District Child Protection Officer (Home visit done on
17.01.2017) is on record at page No.6165 of the Petition. The child
security undertaking dated 24.12.2018 by the sister and brotherinlaw
of the prospective adoptive parents is on record at page No.68. The
preadoption foster care undertaking dated 24/12/2018 is on record at
page No. 92 and 93. CARA Registration No. is PrKa 70552838.
4. The Petitioner is now intend to give the said female child
VARTIKA alias DISHA in adoption to the Copetitioners as prospective
adoptive parents. Accordingly, Petitioners and Copetitioners agreed to
adopt the child as per foster care agreement / undertaking dated
24/12/2018. In response to the Petitioner, Scrutiny Officer O.
Hareendran submitted his report at Exh.2.
5. The affidavit of Copetitioner No.1 and 2 are on record at
Exh. 4 and 5 respectively.
5. The Copetitioners are residing on the address given in the
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Petition and in Affidavit. The Copetitioners are legally wedded
husband and wife. Both the adoptive parents are in good health and
motivated to adopt child.
6. Home study report is conducted by Social Worker and same
is on record as mentioned above. The concerned Social worker has done
home visit on 17/01/2017. The undertaking to sent follow up reports
by the authorities of Vathsalyadhama Makkala Dattu Kendra Amulya a
Unit o Sri Ramakrishna Seva Samaj, Puttur, Karnataka dated
25/12/2018 is on record at page No.94. The Indian placement Agency
(Vatsalya Trust, Mumbai) recognition from the Women & Child
Development, Maharashtra State to place children in adoption is valid
up to 31.3.2021.
7. Heard Ld. Advocate for the Petitioner and Copetitioners.
Heard Scrutiny Officer, Mr. O. Hareendran. Perused the documents
filed on record as referred above.
8. Upon perusal of the record and upon hearing concerned, it
reveals that the child is given in custody of the proposed adoptive
parents and residing happily with them. Proposed adoptive parents i.e.
Shri Arun Karkal Pulikeri Prabhu and Mrs. Sowmya Arun Prabhu
showed their willingness to invest Rs.1 lac as one time premium either
in LIC or Fixed Deposit of any Nationalized Bank in the name of child
and to nominate the adoptive child VARTIKA alias DISHA in their
property and any other investment if any. Considering the prayer as
well as documents, I am satisfied to grant the permission to adopt the
child. Hence, the order.
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5 Misc. Petition No.64/2019
ORDER
Adoption Petition No.64 of 2019 is allowed as under:
1. Copetitioners/proposed adoptive parents are permitted to adopt
female minor child by name VARTIKA alias DISHA as per the Juvenile
Justice (Care and Protection of Children) Act,2015 from the petitioner
Vatsalya Trust, Mumbai.
2. Copetitioners/proposed adoptive parents shall invest
Rs.1,00,000/as one time premium either in LIC or in any Nationalized
Bank in the name of minor child VARTIKA alias DISHA and to
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 document
in this Court.
3. Copetitioners are appointed as adoptive parents of the female
minor child VARTIKA alias DISHA.
4. The adoptive parents/copetitioners are granted permission to
apply the concerned Municipal Authorities to issue Birth Certificate of
the said minor “VARTIKA alias DISHA” who born on 23/05/2018 and
concerned Municipal Authorities shall issue Birth Certificate of
“VARTIKA alias DISHA” who born on 23/05/2018 showing the name
of copetitioner No.1 Shri Arun Karkal Pulikeri Prabhu as her father and
copetitioner No.2 Mrs. Sowmya Arun Prabhu as her mother.
5. The Copetitioners are permitted to apply to passport authorities
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and all other Government/Semi Government authorities in respect of
issuance of Pan Card, Aadhar Card and all other necessary documents
in the name of “VARTIKA alias DISHA”
6. The adoptive parents do pay a sum of Rs.2500/ to the Indian
Council of Social Welfare, Mumbai towards the cost of scrutiny and
investigation.
7. The copetitioners i.e. proposed adoptive parents are permitted to
move the adoptive child out of jurisdiction of this Court.
8. Adoption Petition is hereby disposed off.
Date:28.03.2019 K.R.JOGLEKAR
Adhoc Judge,
City Civil & Sessions Court,
Gr.Bombay.
Dictated on : 28.03.2019
Typed on : 28.03.2019
HHJ signed on : 28.03.2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
28.03.2019 (4.00 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
28.03.2019
JUDGMENT/ORDER signed by P. O. on 28.03.2019
JUDGMENT/ORDER uploaded on 28.03.2019
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