Final Order 1

Order Details: Copy of Judgment
Pdf Text: Adopt.Pet.No.53/2020 ORDER : 1 :
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
ADOPTION PETITION NO.53 of 2020
In the matter of 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 Female
Minor ROSHNI-alias-VEDA PRASHANT
inmate of Vatsalya Trust, Kanjurmarg,
Mumbai
Vatsalya Trust , Mumbai
Having their registered office at
Near Kanjur Marg Police Station
Kanjur (East), Mumbai 400042
Through its Authorised Signaory/Convener
Mrs.Prerna Gade, Adult,
Occupation: Service .. Petitioner/Applicant
V e r s u s
1. Shri. Prashant Ramaswamy
S/o. R.V. Ramaswamy
Aged 40 years
Occupation: Service
2. Mrs.Sushma Padmanabhan
W/o.Prashant Ramaswamy
Aged 41 years
Occupation: Service
Both are Hind of Indian Nationals
Permanently residing at
L-1502, Brigade Metropolis,
Garudacharpalya,
Mahadevpura Post,
Bengalore-560048 .. Proposed Adopters/
Co-petitioners.
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Adopt.Pet.No.53/2020 ORDER : 2 :
Ld. Advocate Mrs.Aarti Kulkarni for Petitioner and Co-petitioner.
Mr.O.Hareendran representative of ICSW.
CORAM : HIS HONOUR JUDGE
SHRI. M.M.UMAR
(Court Room No. 22)
DATE : 26th November, 2020.
ORDER
1. This is an adoption petition under the provisions of Juvenile
Justice (Care and protection of Children) Act, 2015. The petitioner
Vatsalya Trust- a Specialised Adoption Agency under Section 65 of
Juvenile Justice (Care and Protection of Children) Act, 2015, by the
State Government of Maharashtra for rehabilitating orphan, abondoned
and surrendered children through adoption in accordance with the
provisions of JJ Act and adoption regulation.
2. It is contended that petitioner Vatsalya Trust is a recognized
institution, which is having the care and custody of child Roshni @
Veda whose date of birth is 7/5/2019 was relinquished by her
biological mother before Child Welfare Committee (CWC), Mumbai to
the Care and Custody of CWC, which has handed over the custody of
said child to the petitioner, who is intending to give the said child to the
co-petitioners viz. Prashant Ramaswamy S/o. R.V. Ramaswami and
Mrs.Sushma Padmanabhan W/o Prashant Ramaswamy. It is contended
that after following the due procedure of law the said adoptive parents
have been found as eligible and suitable for adopting, by the adoption
committee of the Institution as per the criteria mentioned in Section 57
of Juvenile Justice Act and Regulation 5 of the Adoption Regulation,
based upon the home study report annexed to the Petition.
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Adopt.Pet.No.53/2020 ORDER : 3 :
3. It is contended that the said minor child Roshni @ Veda was
surrendered by her biological mother to CWC Mumbai, on 14/6/2019
and executed the surrender deed and relinquished her rights.
Thereafter, considering on various aspects CWC has declared the child
legally free for adoption. Free for Adoption Certificate is placed on
record.
4. It is contended that prospective adoptive parents (co-petitioners)
are residing at L-1502, Brigade Metropolis, Garudacharpalya,
Mahadevpura Post, Bangalore-560048. They are aged about 40 and 41
years respectively. Their marriage was solomnized on 08/07/2004, but
there is no biological child out of the said wedlock. It is contended that
they are well aware that the said child Roshni @ Veda is deprived of
physical and mental care, love and affection of parents. The custody of
the said child has been handed over to the co-petitioners and they are
taking the care of said child as she was their own daughter. The co-
petitioners are in a position to offer and give parental love, care,
affection and education to minor Roshni @ Veda. They are ready and
willing to take the said minor in adoption, which is for the benefit of
minor Roshni @ Veda and for her wellbeing. Consequently, the present
petition is filed.
5. The petitioner Vatsalya Trust undertook an inquiry under Section
38 of the Juvenile Justice (Care and Protection of Children)Act, 2015
and declared minor Roshni @ Veda legally free for adoption. A
certificate to that effect is placed on record, as stated above.
6. In so far as the adoptive parents are concerned as noted above,
they are Indian Nationals residing at L-1502, Brigade Metropolis,
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Adopt.Pet.No.53/2020 ORDER : 4 :
Garudacharpalya, Mahadevpura Post, Bangalore-560048. They were
married on 08/07/2004. Their marriage certificate is on record. They
have no issue out of the said wedlock. Therefore, they have decided to
adopt a child. They have placed on record a motivation letter, interalia
recording their thoughts in regard to adoption.
7. So far as, the adoptive father is concerned, he is working in
Nokia Solution and Network India Pvt.Ltd. and his gross yearly total
income is Rs.45,51,361/-. Petitioner no.2 is also working in Intuit India
Product Development Center Pvt.Ltd.and her gross total yearly income
is Rs.53,29,402/-. The co-petitioners have placed on record their Salary
Certificate and other relevant documents .
8. The medical report of the adoptive father and adoptive mother
placed on record, from which it is clear that they are also medically fit
to adopt a child.
9. There is home study report part-I (self assessment) which is a self
assessment setting of the details of familarity of the adoptive parents in
regard to the adoption, the family background and the professional and
employment details of the adoptive parents, etc. There is home study
report Part-II on record which is assessment report by the social worker
attached to the Petitioner Vatsalya Trust. There is Child Security
Undertaking dated 01/01/2020 which is given by Brother and sister-in-
law of co-petitioner no.2 residing at Mulund, Mumbai, to look after the
minor Roshni @ Veda in case of any unfortunate mishap to the
adoptive parents- co-petitioners.
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Adopt.Pet.No.53/2020 ORDER : 5 :
10. A joint consent and willingness of the adoptive parents as per the
requirement in law is on record which states that they are ready to be
appointed or declared as adoptive parents of the minor Roshni @ Veda.
11. There is pre-adoption Foster Care Undertaking of the adoptive
parents dated 23/1/2020, in pursuance to which it is informed that the
child in the Foster Care of the adoptive parents. The photographs of the
adoptive parents and the minor child are placed on record.
12. There is representation of Mr.O.Hareendran of Indian Counsil of
Social Welfare, Central Office Mumbai, dated 19/11/2020 checking out
all the details in regard to the proposed adoption. The representation
does not indicate anything adverse for this Court not to permit the
adoption in question.
13. It is pertinent to mention here that the co-petitioners have filed
their evidence affidavit on record. From the evidence and documentary
evidence on record, it is crystal clear that the co-petitioners are
mentally, physically and financially sound to welcome another member
in their family. It appears that the co-petitioners are emotionally
attached with minor Roshni @ Veda and they are taking the care of her
as their own child. It is pertinent to mention here that petitioner after
considering all necessary assessments has recommended for the
adoption of child to the co-petitioners.
14. I have heard to the adoptive parents, alongwith minor Roshni @
Veda. I had brief interaction with them in my Chamber. They appear to
be very happy with their decision to have minor Roshni @ Veda in
adoption. I could see happiness of both the adoptive parents.
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Adopt.Pet.No.53/2020 ORDER : 6 :
15. It is pertinent to mention here that I have interviewed the co-
petitioners in Chamber and I have gone through their evidence on
record. I prima facie find that the petitioners are highly motivated and
have a strong attachment to the child Roshni @ Veda, who is in their
custody. The petitioners have stated in one voice that they have a lot of
love and affection for the child and they have treated the child as their
own. They have stated before me that they are financially sound and
they have their place of residence in Mahadevpura Post, Bangalore as
stated above and are in a position to take care of all the needs of the
child Roshni @ Veda and would ensure proper education imparted to
her.
16. Thus, considering above facts and circumstances, I am of the
considered opinion that for the welfare of the child Roshni @ Veda and
for her wellbeing, reliefs as prayed for are required to be granted. In
the result, following order:
O R D E R
1. Adoption Petition No.53/2020 is allowed.
2. It is declared that the co-Petitioner No.1 Mr. Prashant
Ramaswamy and co-Petitioner No.2 Mrs.Sushma Padmanabhan w/o
Prashant Ramaswamy are the adoptive father and mother respectively
of the minor female child Veda and henceforth female child is the
daughter of co-Petitioner No.1 and 2.
3. The concerned Municipal authorities are directed to issue birth
certificate of Veda Prashant who was born on 07/05/2019 showing the
name of co-Petitioner No.1 Mr.Prashant Ramaswamy as father and co-
Petitioner No.2 Mrs.Sushma Padmanabhan w/o Prashant Ramaswamy
as her mother.
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Adopt.Pet.No.53/2020 ORDER : 7 :
4. The co-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 Veda Prashant.
5. The co-petitioners are directed not to give minor Veda in
adoption to any other person without previous permission of this Court.
6. The adoptive parents i.e. Co-petitioners are permitted to move
adoptive child Veda out of the jurisdiction of this Court.
7. Adoption Petition No.53/2020 is thus, disposed of accordingly.
Date : 26.11.2020 (M.M.UMAR)
Judge
City Civil Court, Gr. Bombay.
Dictated on : 26.11.2020
Typed on : 26.11.2020
Signed by HHJ. : 27.11.2020
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
27.11.2020 1.50 p.m. Mrs. Jyoti Mane
Name of the Judge HHJ Shri MM Umar (CR No.22)
Date of Pronouncement of
Judgment/Order.
26.11.2020
Judgment/order signed by P.O on 27.11.2020
Judgment/order uploaded on 27.11.2020
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