Final Order 1

Order Details: Copy of Judgment
Pdf Text: 1 Misc. Petition No. 77-2019
IN THE BOMBAY CITY CIVIL COURT, AT GREATER BOMBAY
MISCELLENIOUS PETITION NO. 77 OF 2019
In the matter of the Hindu Adoption And
Maintenance Act, 1956;
And
In the matter of the Guardians and Wards
Act, 1890;
And
In the matter of the adoption of female
Minor SAMAIRA OMPRAKASH SAHU;
Mrs. Harpreet Omprakash Sahu @, ]
Harpreet Kaur Sarabjit Singh Chadha ]
Age 42 years Occ : Self Employed, ]
Residing at – B601, Tridev 2, ]
Apartments, Bhakti Margr, ]
Mulund (West), Mumbai, ]
Maharashtra 400 080. ]...Petitioner/
Prospective Adoptive parent
V/s
Mr. Omprakash Ramnarayan Sahu, ]
age 42 years, Occupation : Business, ]
Residing at 6/B/302, Neelam Nagar ]
Gavanpada Road, Mulund Mumbai ]
(Sub Ubran), Maharashtra 400 081. ]...Respondents
Natural/Biological Parent
Ld. Advocate Mr. Vinay Balotiya for Petitioner.
CORAM: K.R.JOGLEKAR, ADHOC JUDGE,
(C.R.NO.34)
DATED: 15th MAY, 2019.
(DICTATED AND PRONOUNCED IN OPEN COURT)
:ORAL ORDER:
This petition is under the provisions of the Juvenile Justice
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(Care and Protection of Children) Act, 2015 (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
SAMAIRA born on 17.11.2009.
2. Petitioner and Respondent are legally wedded husband and
wife who got married on 15.01.2019. Marriage Certificate is annexed
and marked as Exh. D. Petitioner states that before the marriage
petitioner was Divorcy. Petitioner took divorce from her husband Mr.
Sarabjit Singh Chadha. Decree of Divorce is annexed and Marked as
Exh. F. Respondent was widower. Death Certificate of Mrs. Shivani
Omprakash Sahu is annexed and marked as Exh. G. From the first
marriage of petitioner, petitioner hasn't any female child of her own.
From the first marriage of respondent the respondent have a issue i.e.
baby child Samaira Omprakash Sahu born on 17.11.2009. Aadhar
Card, Birth Certificate, Physical fitness Certificate, Medical Report of the
said child Samaira annexed and marked Exh.H, I, J and K respectively.
3. Petitioner is adult, Hindu by religion and are sound mind and
health. She has capacity and the right to take female child for
themselves in adoption.
4. The Petitioner i.e. adoptive parent is self employed. Income proof
of petitioner is at Exh. P.
5. The petitioner states that the said child Samaira Omprakash Sahu
is in the possession of respondent and petitioner and from first date of
marriage with petitioner said child is living with both and she treated
the said child as her own child.
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4. Mishap Affidavit of Smt. Ishwari Ramnarayan Sahu, mother of
respondent Omprakash Ramnayan Sahu is at Exh. J.
5. The respondent i.e. biological father of adoptive child Samaira
has given his consent to this adoption.
6. Petitioner undertakes to send this Court the follow up report 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.
7. From the perusal of the record and proceedings and upon hearing
of Learned Advocate for the petitioner/respondent, they are ready and
willing to take in adoption Samaira, therefore, in the best interest of the
minor girl Samaira and for her better future, it will be just and proper
to allow the Petitioner to adopt minor female child Samaira.
Therefore, Petition needs to be allowed. Therefore, following order.
ORDER
Adoption Petition No. 77 of 2019 is allowed as under:
1. It is hereby declared that petitioner Mrs. Harpreet
Omprakash Sahu @ Harpreet Kaur Sarabjit Singh Chadha is the
adoptive mother of minor female child Samaira and henceforth child
Samaira is the daughter of Petitioner.
2. The Petitioner and respondent 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 Samaira Omprakash Sahu who born on
17.11.2009 showing the name of Petitioner Mrs. Harpreet Omprakash
Sahu as her mother and Respondent Mr. Omprakash Ramnarayan Sahu
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as her father.
4. The Petitioner and respondent shall invest Rs. 1,00,000/
as one time investment with the LIC or in any Nationalized Bank in the
name of Samaira and nominate her in their property and other
investment if any, within two months from the date of this order and to
submit copy of the documents in this Court.
5. The Petitioner and Respondent 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 Samaira
Omprakash Sahu.
6. The adoptive parents i.e. Petitioner and respondent are
permitted to move the adoptive child out of jurisdiction of this Court.
7. Adoption Petition is hereby disposed off.
Date: 15.05.2019 K.R.JOGLEKAR
Adhoc Judge,
City Civil & Sessions Court,
Gr.Bombay.
Dictated on : 15.05.2019
Typed on : 15.05.2019
HHJ signed on : 15.05.2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
16.05.2019 (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
15.05.2019
JUDGMENT/ORDER signed by P. O. on 15.05.2019
JUDGMENT/ORDER uploaded on 16.05.2019
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