Final Order 1

Order Details: Copy of Judgment
Pdf Text: 1 Misc. Petition No. 76-2019
IN THE BOMBAY CITY CIVIL COURT, AT GREATER BOMBAY
MISCELLENIOUS PETITION NO. 76 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 minor
children Kunind Singh Sarabjit Singh
Chadha, age 17 years and Rajik Singh
Sarabjit Singh Chadha, age 10 years.;
Mr. Omprakash Ramnarayan Sahu, ]
age 42 years, Occupation : Business, ]
Residing at 6/B/302, Neelam Nagar ]
Gavanpada Road, Mulund Mumbai ]
Maharashtra 400 081. ]...Petitioner/
Prospective Adoptive parent
V/s
1) Mrs. Harpreet Omprakash Sahu @, ]
Harpreet Kaur Sarabjit Singh Chadha ]
Age 42 years Occ : Self Employed, ]
Residing at – B601, Tridev 2, ]
Apartments, Bhakti Marg, ]
Mulund (West), Mumbai, ]
Maharashtra 400 080. ]
2) Mr. Sarabjit Singh Chadha ]
Age 50 years, Occ : Business, ]
Residing at B601, Tridev 2, ]
Apartments, Bhakti Marg, ]
Mulund (West), Mumbai, ]
Maharashtra 400 080. ]...Respondents
Natural/Biological Parent
Ld. Advocate Mr. Vinay Balotiya for Petitioner and respondents.
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2 Misc. Petition No. 76-2019
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
(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 minor children
Kunind Singh Sarabjit Singh Chadha, born on 27.12.2001 and Rajik
Singh Sarabjit Singh Chadha born on 15.12.2008.
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. G. Respondent was widower. Death Certificate of Mrs. Shivani
Omprakash Sahu is annexed and marked as Exh. F. Goernment Gazette
of change of name of respondent marked as Exh. G1 . From the first
marriage of respondent she have two issue i.e. Kunind Singh Sarabjit
Singh Chadha, born on 27.12.2001 and Rajik Singh Sarabjit Singh
Chadha born on 15.12.2008. Respondent no. 2 also have no objection
for this Adoption petition and change in the name of children. Aadhar
Card, Birth Certificate, Physical fitness Certificate, Medical Report of the
said child Kunind Singh Sarabjit Singh Chadha annexed and marked
Exh.H, I, J and K respectively. Aadhar Card, Birth Certificate, Physical
fitness Certificate, Medical Report of the said child Rajik Singh Sarabjit
Singh Chadha annexed and marked Exh. L, M, N and O respectively.
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3 Misc. Petition No. 76-2019
3. Petitioner is adult, Hindu by religion and are sound mind and
health. He has capacity and the right to take male children for
themselves in adoption.
4. The Petitioner i.e. adoptive parent is a businessman having a
sound financial position. Income proof of petitioner is at Exh. T.
5. The petitioner states that the said children Kunind Singh
Sarabjit Singh Chadha, and Rajik Singh Sarabjit Singh Chadha are
in the possession of petitioner and respondent no.1 from first date of
marriage and petitioner treated the said child as his own child.
4. Mishap Affidavit of Mr. Paramjit Singh Kohli, father of respondent
no.1 Harpreet Omprakash Sahu @ Harpreet Kaur Sarabjit Singh Chadha
is at Exh. X.
5. The respondent no.2 i.e. biological father of adoptive children
Kunind Singh Sarabjit Singh Chadha and Rajik Singh Sarabjit Singh
Chadha 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 Kunind Singh Sarabjit Singh Chadha and
Rajik Singh Sarabjit Singh Chadha, therefore, in the best interest of the
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4 Misc. Petition No. 76-2019
minor children Kunind Singh Sarabjit Singh Chadha and Rajik Singh
Sarabjit Singh Chadha and for their better future, it will be just and
proper to allow the Petitioner to adopt minor children Kunind Singh
Sarabjit Singh Chadha and Rajik Singh Sarabjit Singh Chadha.
Therefore, Petition needs to be allowed. Therefore, following order.
ORDER
Adoption Petition No. 76 of 2019 is allowed as under:
1. It is hereby declared that petitioner Mr. Omprakash
Ramnarayan Sahu is the adoptive father of minor male children Kunind
Singh Sarabjit Singh Chadha and Rajik Singh Sarabjit Singh Chadha
and henceforth children Kunind Singh Sarabjit Singh Chadha and Rajik
Singh Sarabjit Singh Chadha are the son of Petitioner.
2. The Petitioner and respondent no.1 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 Kunind Omprakash Sahu, born on
27.12.2001 and Rajik Omprakash Sahu, born on 15.12.2009
showing the name of Petitioner Mr. Omprakash Ramnarayan Sahu as
their father and Respondent no.1 Mrs. Harpreet Omprakash Sahu as
their mother.
4. The Petitioner and respondent no.1 shall invest Rs.
1,00,000/ as one time investment with the LIC or in any Nationalized
Bank in the name of Kunind Omprakash Sahu and Rajik Omprakash
Sahu, and nominate them 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 no.1 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 Kunind
Omprakash Sahu and Rajik Omprakash Sahu.
6. The adoptive parents i.e. Petitioner and respondent no.1
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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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