Final Order 1

Order Details: Other
Pdf Text: Order ..1.. Adoption Petition No.62/2021
MHCC010022592020
IN THE CITY CIVIL COURT FOR GREATER MUMBAI
ADOPTION PETITION NO.62 OF 2021
1. Shri. Ashish Siddhesh Shah.
Age: 41 years.
2. Smt. Shruti Ashish Shah.
Age: 41 years,
Both residing at B-402, Vasant Pride,
Thakur Complex, Kandivali-East,
Mumbai 400 101. ...Petitioners.
AND
Smt. Sonali Ujwal Shah.
Age: 35 years.
Residing at B-402, Vasant Pride,
Thakur Complex, Kandivali-East,
Mumbai 400 101. ..Co-petitioner.
Appearance
Nishigandha Kadam, advocate for petitioners.
CORAM : HIS HONOUR JUDGE
Sunil T. Soor
(Court No.: 2)
DATED : 12th November, 2021.
O R D E R
Present petition has been filed under section 9 of the Hindu
Adoptions and Maintenance Act, 1956 (HAMA) in the matter adoption
of the minor female child named Sachi Ujwal Shah below 15 years of
age having her Date of Birth 09.06.2012.
2. Perused the record. Heard petitioners, co-petitioner, child to be
adopted and advocate for petitioners.
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Order ..2.. Adoption Petition No.62/2021
3. Identity and address proof of petitioners, co-petitioner and child
to be adopted, consent affidavit of petitioners, co-petitioner and child to
be adopted, Marriage Certificate of petitioners, Birth Certificate of the
child to be adopted, Death Certificate of father of the child and husband
of co-petitioner, joint photograph of petitioners alongwith the child,
registered Adoption Deed dated 22.08.2019 of the child and other
documents are filed on record.
4. After hearing the parties and perusing the documents on the
record, it is evident that petitioners are husband and wife. Their
marriage took place on 21.11.2002. Out of said wedlock, they have one
child namely Pushpal, aged about 16 years. His Adhar Card is also filed
on record.
5. Ujwal Siddhesh Shah was real brother of petitioner no.1. He had
married with the co-petitioner. Out of said wedlock, they have one
daughter namely Sachi Ujwal Shah. Ujwal Shah expired on 05.04.2019.
Child to be adopted is niece of petitioner no.1. After death of Ujwal
Shah, co-petitioner and child to be adopted are residing with petitioners
in the same house.
6. On asked by the Court, co-petitioner stated that she wants to
perform second marriage hence she has given her daughter in adoption
to petitioners. Petitioners and co-petitioner registered the Adoption
Deed of the child on 22.08.2019. Copy of the same is also filed on
record. To legalize the adoption of the child, petitioners filed the
present petition.
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Order ..3.. Adoption Petition No.62/2021
7. It does not appear that giver and takers received any
remuneration in lieu of said adoption. Child is below 15 years of age.
Hence child is capable of giving in adoption. Parties are capable of
giving and taking the child in adoption. Child is actually given and
taken in adoption as per the provisions of section 11 (vi) of the HAMA.
Parties are Hindu by religion. Adoption of the child is purely out of love
and affection. Proposed adoption is purely for the welfare of the child.
All requisite conditions for valid adoption are satisfied in this Case. In
view of above facts, circumstances and evidence on the record, petition
is liable to be allowed. In the result, this Court proceeds to pass the
following order.
O R D E R
1. Adoption Petition no.62/2021 is allowed.
2. Petitioner no.1 Ashish Siddhesh Shah and petitioner no.2 Shruti
Ashish Shah are declared as father and mother of the female child
Sachi for all purposes allowed by the law including intestacy.
3. Concerned birth certificate issuing authority is directed to issue
birth certificate of the female child Sachi (Date of Birth 09.06.2012) by
deleting name of Sonali Shah and Ujwal Shah as parents and showing
name of the Petitioner no.1 Ashish Siddhesh Shah and petitioner no.2
Shruti Ashish Shah as parents of the said child within 15 days from the
date of application of the petitioner no.1 or petitioner no.2.
4. Judge's order is signed separately.
5. Adoption Petition no.62/2021 is disposed of.
(Sunil T. Soor)
Judge, City Civil Court, Gr. Mumbai
Dated : 12.11.2021
Typed on : 12.11.2021
HHJ signed on : 12.11.2021
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Order ..4.. Adoption Petition No.62/2021
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
DATE 12.11.2021, 2.30 p.m.
UPLOAD DATE AND TIME Mrs. V. N. Rajgole.
NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.2)
H.H.J. Shri. S. T. Soor
C.R.No.02
Date of Pronouncement of
JUDGMENT/ORDER
12.11.2021
JUDGMENT/ORDER signed by P.O.
on
12.11.2021
JUDGMENT/ORDER uploaded on 12.11.2021
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