Final Order 1

Order Details: Other
Pdf Text: Order ..1 Adoption Petition No.52/2020
MHCC010027752020
Presented on :29.01.2020
Registered on :05.03.2020
Decided on :05.05.2021
Duration :01Y,03M,06D
IN THE CITY CIVIL COURT FOR GREATER MUMBAI
ADOPTION PETITION NO.52 OF 2020
Vatsalya Trust, Mumbai
Address- Plot No.1285, Near Kanjur Marg
Police Station, Kanjur (East), Mumbia 400042
through its Social Worker, Mrs. Prerna Gade,
Occupation - Service ...Petitioner
AND
1. Lourdu Bosco S/o - Mariyadhason
Age: 37 years, Occupation: Service,
2. Julia Bosco W/o - Lourdu Bosco
Age: 34 years, Occupation: Service,
Both Christian of Indian Nationals
R/o – 19A, Annai Siva Shakti Nagar,
New Lakshmipuram, Kolathur,
Chennai - 600099 (Tamilnadu). ..Copetitioners/Prospective
Adoptive Parents
Advocate Aarti P. Kulkarni for the petitioner/ Co-petitioners.
O. Hareendran, Scrutiny Officer, ICSW Mumbai.
CORAM : HIS HONOUR JUDGE
Sunil T. Soor
(Court No.: 2)
DATED : 05th Day of May 2021.
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Order ..2 Adoption Petition No.52/2020
O R D E R
Present petition has been filed under section 58(3) of the Juvenile
Justice (Care and Protection of Children) Act, 2015 (“J. J. Act”) read
with regulation 12(2) of the Adoption Regulations 2017 seeking
adoption order in the matter of adoption of the minor male child
namely Manan @ Ethan Mariyaan, Date of Birth (DOB) - 22.03.2019.
2. On scrutinizing documents annexed with the petition, Scrutiny
Officer, O. Hareendran of the Indian Council of Social Welfare (ICSW),
Mumbai filed his report stating that adoption of the minor male child,
Manan can be granted to co-petitioners.
3. In addition to documents annexed with the petition, advocate for
the petitioner filed on the record, Post Follow up Report of the child
issued by the social worker of the Christ Faith Home For Children,
Manapakkam, Chennai and deposited the original Surrender Deed of
the child in the Court.
4. Heard advocate for the petitioner / co-petitioners and Scrutiny
Officer O. Hareendran. Co-petitioners absent due to present Covid-19
pandemic situation. Perused the record.
5. It seems that the petitioner institution is a recognised Specialized
Adoption Agency (SAA) under section 65 of the J.J. Act by the State
Government of Maharashtra for rehabilitating orphan, abandoned and
surrendered children through adoption in accordance with the
provisions of the J. J. Act and Adoption Regulations. Co-petitioners are
Prospective Adoptive Parents (PAPs).
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Order ..3 Adoption Petition No.52/2020
6. Petitioner institution is having the care and custody of the male
child, Manan (DOB - 22.03.2019). On 03.06.2019, the Child Welfare
Committee (CWC), Mankhurd, District - Mumbai declared the said child
Legally Free for Adoption after making inquiry under section 38 of the
J. J. Act and the said child is registered in the Child Adoption Resource
Information and Guidance System (CARINGS) with the Registation
No.RIPA/MH/22/0257 for the purpose of adoption as envisaged under
section 56(1) of the J. J. Act.
7. PAPs are resident Indians aged about 37 and 34 years respectively
and residing at Chennai, Tamilnadu. Their marriage took place on
27.05.2007. Since 13 years of marriage, they are issueless. Hence being
desirous to adopt a child, they registered in the CARINGS with the
Registration No.PrTa89996768. Adoption Committee found co-
petitioners eligible and suitable to adopt the above named child as per
the criteria mentioned in section 57 of the J. J. Act and regulation 5 of
the Adoption Regulations based upon their Home Study Report (HSR).
8. Above named child has been referred to the PAPs online through
CARINGS and has been accepted by the PAPs by signing the Child Study
Report and Medical Examination Report. After executing a Pre-adoption
Foster Undertaking as per the provisions of section 58(3) of the J. J. Act
and regulation 11(1) of the Adoption Regulations, the child has been
given in pre-adoption foster care to the PAPs on 11.01.2020. PAPs have
undertaken in the said Pre-adoption Foster Undertaking that they will
allow the concerned social worker to visit their home for undertaking
post-adoption follow up to ascertain the progress and well being of the
child in the adoptive family as envisaged under section 58(5) of the J. J.
Act.
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Order ..4 Adoption Petition No.52/2020
9. The PAPs have further undertaken to inform any change in the
place of their residence to the petitioner institution and the Court for
the purpose of post-adoption follow up. They have also undertaken to
up-bring the said child as thier own and to accord the same status,
rights and privileges to the child at par with the natural born child as
provided in the Pre-adoption Foster Undertaking.
10. After overall consideration, the petitioner institution have decided
to give the minor male child, Manan (DOB - 22.03.2019) in adoption to
the PAPs/co-petitioners as per decision of the Adoption Committee.
Hence the petitioner institution and co-petitioners have jointly preferred
the present petition for obtaining adoption order.
11. It further seems that co-petitioners are medically, physically and
financially sound. They are mentally alert and highly motivated to
adopt the child.
12. Consent given by the petitioner and co-petitioners are out of free
will. Due consideration is given to the wishes of the child having regard
to the age and understanding of the child. It does not appear that giver
and takers received any payment or reward in consideration relating to
the proposed adoption. Thus the conditions laid down in section 61(1)
of the J. J. Act are substantially complied with in this adoption case.
13. Under the circumstances, adoption of the minor male child,
Manan (old name) @ Ethan Mariyaan (new name), Date of Birth -
22.03.2019 being for his welfare can be granted to the co-petitioners
and this is a good home for him. In the result, following order -
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Order ..5 Adoption Petition No.52/2020
O R D E R
1) Adoption Petition No. 52 of 2020 is allowed.
2) Co-petitioners, Lourdu Bosco S/o – Mariyadhason and Julia Bosco
W/o - Lourdu Bosco are permitted to adopt the minor male child
“Manan @ Ethan Mariyaan” having Date of Birth 22.03.2019 and they
are declared as parents of the said child for all purposes allowed by the
law.
3) Concerned Birth Certificate Issuing Authority is directed to issue
Birth Certificate in the name of the minor male child, “Ethan Mariyaan”
bearing his Date of Birth as 22.03.2019 and showing name of co-
petitioners, Lourdu Bosco S/o – Mariyadhason and Julia Bosco W/o -
Lourdu Bosco as parents of the said child within 5 (Five) working days
from the date of application as provided in regulation 36 of the
Adoption Regulations.
4) Co-petitioners do pay Rs.2500/- to the Indian Council of Social
Welfare towards expenses.
5) Judge’s order is signed separately.
6) Adoption Petition No.52 of 2020 is disposed of.
(Sunil T. Soor)
City Civil Judge, Gr. Mumbai
Date : 05.05.2021
Typed on : 05.05.2021
HHJ signed on : 05.05.2021
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Order ..6 Adoption Petition No.52/2020
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
DATE 05.05.2021, 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
05.05.2021
JUDGMENT/ORDER signed by P.O.
on
05.05.2021
JUDGMENT/ORDER uploaded on 05.05.2021
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