Order 1

Order Details: Copy of Judgment
Pdf Text: Adopt.Pet.No.157/2019 Judgment : 1 :
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
ADOPTION PETITION NO.157 of 2019
In the matter of Hindu Adoption and
Maintenance Act, 1956.
AND
In the matter of adoption of Baby Anika
Hindu about 01 year and 06 months old
1. MR.SURJIT SHYAMSUNDER TOSHNIWAL
Aged about 48 years, Indian Hindu Inhabitant
Occupation: Chartered Accountant,
2. MRS.NEETU SURJIT TOSHNIWAL
Aged: 43 years, Indian Hindu Inhabitant
Occupation: Housewife,
Both residing at 8/902, Radha
Madhav, Radha Residency CHSL, Off
Western Express Highway, Opp.
Dheeraj Savera, Siddharth Nagar,
Borivali (East), Mumbai 400066. .. Petitioners
V e r s u s
1. MR.MUKUND RAMNIWAS GATTANI
Age 37 years, Indian Hindu Inhabitant
Occupation – Business,
2. MRS.SARIKA MUKUND GATTANI
Age 37 years, Indian Hindu Inhabitant
Occupation- Housewife
Both are residing at Bungalow No.1,
“Tulsi” Niwas, Yashomangal Housing
Society, Khadakeswara,
Aurangabad- 431001. .. Respondents
Ld. Advocate Mr. Kiran Mohite for Petitioners and Respondent.
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Adopt.Pet.No.157/2019 Judgment : 2 :
CORAM : HIS HONOUR JUDGE
SHRI. M.M.UMAR
(Court Room No. 22)
DATE : 18th December, 2020.
JUDGMENT
1. The Petitioner No.1 Surjit Shyamsunder Toshniwal and his wife
Petitioner No.2 Mrs.Neetu Surjit Toshniwal have filed the present
adoption petition under Hindu Adoption and Maintenance Act, 1956 in
the matter of Adoption of female Child Baby Anika, who was born on
09/08/2016. The Respondent No.1 Mr.Mukund Ramniwas Gattani and
Respondent No.2 Mrs.Sarika Mukund Gattani are the biological parents
of minor child Anika.
2. It is the contention of the petitioners that they are Hindu, they
have no disability and competent to adopt the child as they have no
child though, their marriage was solemnized on 18/02/2006. They are
of sound mind. Therefore, they have decided to adopt the child. It is
contended that the respondents are the biological mother and father of
minor child Anika respectively. They are Hindu and they are also
competent to give the child in adoption. It is contended that the
respondents agreed to give the minor child Anika in adoption to the
petitioners and the petitioners also agreed to adopt the said child
Anika. Consequently, the present petition is filed.
3. The petitioners have filed certificate of registration of their
marriage, medical certificate regarding their fitness and that they are
not suffering from any disability, so also, they have filed Joint Affidavit
of consent on record. So also, they have filed the documentary evidence
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Adopt.Pet.No.157/2019 Judgment : 3 :
to show that their financial position is sound. They have also filed the
affidavit of Respondents on record and letter of motivation. The
petitioners have also filed the photograph alongwith child Anika etc. on
record.
4. On perusal of the documents, evidence and after hearing the
argument of the learned advocate for the petitioners and respondents,
it appears that the petitioners are ready and willing to take minor child
Anika in adoption as their daughter and the biological parents-
Respondents have also consented for the same as discussed above. It is
seen that respondents are not in a position to upbring minor Anika in
better way and for the welfare of minor Anika they have decided to
give her in adoption to the petitioners.
5. It is necessary to mention here that the petitioners, respondents
alongwith minor Anika were present in my Chamber. I had brief
interaction with them. Petitioners appear to be very happy with their
decision to have minor Anika in adoption. I could see happiness of the
adoptive parents-petitioners. They have now feeling of completeness of
the happy family.
Therefore, in the best interest of minor Anika and for her better
future it will be just and proper to allow the petition as the petitioners
are physically, mentally and financially fit to take the said Anika in
adoption as father and mother respectively.
6. In the result, in view of the aforesaid discussion for the welfare
and wellbeing of minor Anika, it is just and desirable to allow the
petition. In the result, following order:
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Adopt.Pet.No.157/2019 Judgment : 4 :
O R D E R
1. Adoption Petition No.157/2019 is allowed.
2. It is declared that the Petitioners Surjit Shyamsunder Toshniwal
is the adoptive father of minor female child Anika and petitioner no.2
Mrs.Neetu Surjit Toshniwal is her mother. Henceforth, Anika is the
daughter of Petitioners no.1 and 2.
3. The concerned Municipal authorities are directed to issue birth
certificate of Anika who was born on 09/08/2016 showing the name of
Petitioner no.1 Mr.Surjit Shyamsunder Toshniwal as her father and
petitioner no.2 Mrs.Neetu Surjit Toshniwal as her mother.
4. The petitioners are permitted to apply to the passport authorities
and all the Government/Semi Government authorities in respect of
issuance of passport, PAN Card, Aadhar Card and other necessary
documents in the name of Anika Surjit Toshniwal.
5. Adoption Petition No.157/2019 is thus disposed of accordingly.
Date : 18.12.2020 (M.M.UMAR)
Judge
City Civil Court,
Gr. Bombay.
Dictated on : 18.12.2020
Typed on : 18.12.2020
Signed by HHJ. : 18.12.2020
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Adopt.Pet.No.157/2019 Judgment : 5 :
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
18.12.2020 3.45 p.m. Mrs. Jyoti Mane
Name of the Judge HHJ Shri MM Umar (CR No.22)
Date of Pronouncement of
Judgment/Order.
18.12.2020
Judgment/order signed by P.O on 18.12.2020
Judgment/order uploaded on 18.12.2020
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