Order 1

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IN THE BOMBAY CITY CIVIL COURT,
AT GREATER BOMBAY
MISCELLENIOUS PETITION NO.278 OF 2018
In the matter of the Hindu
Adoptions and Maintenance Act
And
In the matter of the guardian and
Ward Act,1890
And
In the matter of the Adoption of
Miss.Nandini female minor child.
Mr.Vikas Kamlakar Mane
Age 44 ,Occ.Service
Residence:A/303,Pranay Nagar CHSL
Mandir Road,Babhai Naka,
Borivali(W),Mumbai400 092. ...Petitioner
V/s.
Mrs.Leena Vikas Mane
@Leena Nandkumar Nair
@Leena Gangaprasad Singh
age 42 years,Occ.Teacher,
Residence:A/303,Pranay Nagar CHSL
Mandir Road,Babhai Naka,
Borivali(W),Mumbai400 092.
Nandkumar Purshottam Nair
Occ.Service, R/o.Nisarg CHSL.,
Reliance Trust Sector19,
Raghunath Vihar,Jharghar. ...Respondents
Ld.Advocate Ms.Sonal K.Bagadia for Petitioner/Respondent no.1.
Respondent no.2 exparte.
CORAM: K.R.JOGLEKAR, ADHOC JUDGE,
(C.R.NO.34)
DATED: 31ST AUGUST 2018.
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(DICTATED AND PRONOUNCED IN OPEN COURT)
:ORAL ORDER:
This petition is under the provisions of Hindu Adoption and
Maintenance Act,1956 for adoption.
Miss.Nandini biological daughter of Leena Nair @ Leena Mane
and Nandkumar Nair for respondent nos.1 and 2.
Petitioner's case is thus:
2. The case of the petitioner is that, Petitioner no.1 and Respondent
no.1 are legally wedded husband and wife and their marriage was
solemnize on 28/11/2014 and the same is duly registered with BMC
authorities on 19/1/2015. Before the said marriage, respondent no.1
was legally wedded wife of Respondent no.2. From the said valid
wedlock of Respondent nos.1 and 2. Respondent no.1 gave birth to a
female child by name Nandini on 22/3/2006. Thereafter, divorce took
place between Respondent nos.1 and 2 as per decree of divorce dated
10/3/2014 in Petition No.A/2258/2013 passed by 4th Family Court
Mumbai at Bandra. Parties to the said marriage i.e. Respondent nos.1
and 2 arrived at the mutual settlement by mutual consent, divorce took
place in terms of Consent Term Exh9. As per the said Consent Term
custody of minor girl Nandini was given to the respondent no.1.
3. Thereafter, as stated above, Respondent no.1 got legally married
with Petitioner and now Petitioner is desirous to take in adoption minor
girl Nandini for which Respondent no.1 is having consent. Though
summons of the petition was issued to the Respondent no.2 on last
known address, envelope containing the notice of the present petition is
returned unserved with postal endorsement “incomplete address”.
Accordingly, Ld.Advocate for the Petitioner and Respondent no.1 filed
affidavit of service of the petitioner alongwith postal envelope. The
same is marked as Exh2. Thereafter, public notice was published in
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respect of the petition for Respondent no.2. The said notice was
published in two news paper by name “The Afternoon” English News
Paper and “Apla Mahanagar” Marathi News Paper dated 19/6/2018.
Ld.Advocate for the Petitioner filed affidavit of service by publication at
Exh4 alongwith issue of said English and Marathi News Paper. The
same is marked as Exh4.
4. Ld.Advocate for the Petitioner further submitted that, though as
per decree of divorce, Respondent no.2 was permitted assess to the
minor girl Nandini, Respondent no.2 never came to meet the daughter
till date nor contacted her by any way.
5. The Petitioner is working in a Company and earning handsome
salary. He attached I.T.returns towards proof of the same. Respondent
no.1 is also working as teacher and produce on record proof of
investment in the name of minor child alongwith application Exh4 for
consideration. Already by registered deed adoption bearing registration
no.699 of 2018 dated 24/2/2018, the procedure of adoption is already
done by Respondent no.1. The Petitioner and the custody of the minor
girl is already given to the Petitioner. The copy of registered adoption
deed at ExhH. The Mishap certificate is also given by one Mrs.Kumud
Divakaran i.e. sister of Respondent no.1 which is on record at ExhJ.
6. The affidavit cum consent for adoption of Petitioner and
Respondent no.1 so also affidavit cum undertaking of Respondent no.1
and Petitioner is already on record.
7. Heard Ld.Advocate for the Petitioner and Respondent no.1.
Perused the record and proceeding as well as affidavits on record. It
appears that, though Respondent no.2 is biological father of the minor
girl Nandini and though attempt was made by Petitioner and
Respondent no.1 to serve him with the copy of Petition and though
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publication notice has been published, he remained absent therefore
matter be proceeded exparte against Respondent no.2.
8. From perusal of record and proceeding, it is brought on record
that Petitioner and Respondent no.1 are spouses and legally wedded
husband and wife. Petitioner have no biological child as this is first
marriage and also no biological child out of wedlock with Respondent
no.1. Petitioner is ready and willing to take in adoption minor girl child
Nandini and Respondent no.1 is also having consent for the same.
Therefore, in the best interest of the minor girl Nandini it will be just
and proper to allow petition. Therefore, following order.
ORDER
1. Adoption Petition No.278 of 2018 is allowed.
2. It is hereby declared that Petitioner Vikas Kamlakar Mane is the
adoptive father of a female child by name Nandini and henceforth child
Nandini is the daughter of Petitioner Vikas Kamlakar Mane and
Respondent no.1 Mrs.Leena Vikas Mane.
3. Birth certificate in the name of Nandini Vikas Mane having date
of birth as 22/3/2006, State of Maharashtra, a certificate to that effect
be issued showing her fathers name as Vikas Kamlakar Mane and
mother name Mrs.Leena Vikas Mane.
4. Adoption Petition is hereby disposed off.
Date:31/8/2018 K.R.JOGLEKAR
Addl.Sessions Judge,
City Civil & Sessions Court,
Gr.Bombay.
Dictated on :31/08/2018
Typed on :01/09/2018
HHJ signed on :10/09/2018
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME :10/9/2018 2.45p.m.
NAME OF STENOGRAPHER : Mrs.P.P.Khanvilkar
NAME OF THE JUDGE HHJ SHRI.K.R.JOGLEKAR
Date of Pronouncement of Order 31/08/2018
Order signed by the P.O.on 10/09/2018
Order uploaded on 10/09/2018
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