Final Order 1

Order Details: Copy of Judgment
Pdf Text: 1 Misc. Petition No. 63/2019
IN THE BOMBAY CITY CIVIL COURT, AT GREATER BOMBAY
MISCELLENIOUS PETITION NO. 63 OF 2019
In the matter of the Juvenile Justice (Care and
Protection of Children) Act, 2015 under
Section 58(3) and 12(2) of Adoption
Regulations 2017;
And
In the matter of Adoption of Baby SAMIRA
alias AMISHA inmate of Vatsalya Trust,
having its address Near Kanjurmarg 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 Social Worker ]
Mrs. Nanda Sangode, ]...Petitioner/Applicant
AND
1. SHRI AMIT SHENOY , ]
Adult Indian Inhabitant, aged 42 years, ]
Occ. : Service. ]
2. Mrs. VARSHA AMAR ]
Adult Indian Inhabitant, aged 41 years, ]
Occupation : Service ]
Both residing at Flat No. 1901, CBlock, ]
Ramky Towers, PJR Nagar, Gachibowli, ]
Serilingampally, Rangareddy 500081. ]...Proposed Adopters/
CoPetitioners.
Ld. Advocate Ms. Sangeeta Nagpal for Petitioners/applicant & Proposed
Adopters/ CoPetitioners .
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CORAM: K.R.JOGLEKAR, ADHOC JUDGE,
(C.R.NO.34)
DATED: 5 th APRIL, 2019.
(DICTATED AND PRONOUNCED IN OPEN COURT)
:ORAL ORDER:
This is the petition under Section 65 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 SAMARTH alias KONJETI ADHRIT.
2. The petitioner VATSALYA TRUST, MUMBAI was the
custodian of a said minor male child SAMIRA alias AMISHA who is
born on 26/02/2018. The biological mother of the child surrendered
her child before Child Welfare Committee, Mumbai on 05.03.2018 and
the custody was given to the Petitioner Institution i.e Vatsalya Trust,
Mumbai under Section 36(1) of Juvenile Justice Care and Protection of
Children) Act, 2015 and Rule 18(4) of the Model J.J. Rules, 2016 as
per the custody memo of CWC, Mumbai Suburban District dated
05.03.2018. 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 SAMIRA alias AMISHA “Legally free for adoption” as on
18.05.2018. The said Order is on record at page No. 8183 of the
Petition.
3. The Copetitioners are residing at Ranga Reddy,
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3 Misc. Petition No. 63/2019
Telangana. The Copetitioners are legally wedded husband and wife
who married on 28.11.2001 but they are not having any biological
child. Therefore, they decided and motivated to adopt a child. The said
letter is on page no. 57. The prospective adoptive father is working as a
Software Development Manager with Amazon Development Centre
(India), Pvt. Ltd., Hyderabad since January 2016 and having annual
income Rs. 40 Lacs. The prospective adoptive mother is working as a
Senior Consultant with Tata Consultancy Services, Hyderabad since July
1998 and having annual income Rs. 30 Lakhs. Copy of Salary Slip,
Income Tax Returns of the proposed adopters and investments filed by
both of them is on record at vide Exh. B colly (page Nos. 31 to 46 of the
Petition. The copy of PAN card and Aadhar Card, Proof of residence
and LIC/Insurance Certificate are on record at page Nos. 1618, 2730,
4546. The Child care plan undertaking 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 Welfare Officer, Women, Children, Disable & Senior Citizen,
Ranga Reddy District (Home visit done on 22.02.2017) is on record at
page No. 4756 of the Petition. The child security undertaking dated
18.12.2018 by the brotherinlaw and sisterinlaw of the prospective
adoptive parents residing at Secunderabad is on record at page No. 61.
The preadoption foster care undertaking dated 22.12.2018 is on record
at page No. 86 and 87. CARA Registration No. is PrTe 70663572.
4. The Petitioner is now intend to give the said male child
SAMIRA alias AMISHA 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
25.02.2019. In response to the Petitioner, Scrutiny Officer O.
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4 Misc. Petition No. 63/2019
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
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 22.02.2017. The undertaking to sent follow up
reports by the authorities i.e. Bal Vikas (Shishu Welfare Trust of India)
is on record at page No.88. 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 Amit Shenoy and Mrs. Varsha Amar showed their willingness to
invest Rs.1.5 lac as one time premium in LIC in the name of child and to
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5 Misc. Petition No. 63/2019
nominate the adoptive child SAMIRA alias AMISHA 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.
ORDER
Adoption Petition No.63 of 2019 is allowed as under:
1. Copetitioners/proposed adoptive parents are permitted to adopt
female minor child by name SAMIRA alias AMISHA 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.1,50,000/as one time premium either in LIC or in any Nationalized
Bank in the name of minor child SAMIRA alias AMISHA 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 SAMIRA alias AMISHA.
4. The adoptive parents/copetitioners are granted permission to
apply the concerned Municipal Authorities to issue Birth Certificate of
the said minor “SAMIRA alias AMISHA” who born on 26.02.2018 and
concerned Municipal Authorities shall issue Birth Certificate of
“SAMIRA alias AMISHA” who born on 26.02.2018 showing the name
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of copetitioner No.1 Mr. Amit Shenoy as her father and copetitioner
No.2 Mrs. Varsha Amar as her mother.
5. The Copetitioners are permitted to apply to passport authorities
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 “SAMIRA alias AMISHA”
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:05.04.2019 K.R.JOGLEKAR
Adhoc Judge,
City Civil & Sessions Court,
Gr.Bombay.
Dictated on : 05.04.2019
Typed on : 05.04.2019
HHJ signed on : 05.04.2019
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
05.04.2019 (5.00 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
05.04.2019
JUDGMENT/ORDER signed by P. O. on 05.04.2019
JUDGMENT/ORDER uploaded on 05.04.2019
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