Order 1

Order Details: Copy of Judgment
Pdf Text: Adopt.Pet.No.38/2020 Judgment : 1 :
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
ADOPTION PETITION NO.38 of 2020
In the matter of Section 9 of Hindu
Adoption and Maintenance Act, 1956.
AND
In the matter of adoption of Master
Jasraj Dashrath Rajpurohit Singh age
about 1 year 5 months
1. MR.KORGAPPA LINGAPPA POOJARI
Aged about 44 years,
Hindu Indian Inhabitant
Occupation: Service,
2. MRS.KASTURI KORGAPPA POOJARI
Aged: 36 years,
Hindu Indian Inhabitant
Occupation: Housewife,
Both are residing at 222,
4/5 Jaidhara Chawl Committee,
6th Road, Golibar Hanuman
Tekdi Bhag -7, Santacruz (East),
Mumbai 400066. .. Petitioners
V e r s u s
1. MR.DASHRATH RAJPUROHIT SINGH
Aged about 27 years,
Hindu Indian Inhabitant
Occupation – Service,
2. MRS.NISHA DASHRATH RAJPUROHIT
Age about 33 years,
Hindu Indian Inhabitant
Occupation- Service
Both residing at Girija Nagar 2,
Behind Marathi School, Juchandra
Vasai (East), Dist.Thane-401208 .. Respondent
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Adopt.Pet.No.38/2020 Judgment : 2 :
Ld. Advocate Mrs.Anita Manjalkar for Petitioners and Respondent.
CORAM : HIS HONOUR JUDGE
SHRI. M.M.UMAR
(Court Room No. 22)
DATE : 5th December, 2020.
JUDGMENT
1. The Petitioner No.1 Korgappa Lingappa Poojari and his wife
Petitioner No.2 Mrs.Kasturi Korgappa Poojari have filed the present
adoption petition under the provisions of Hindu Adoption and
Maintenance Act, 1956 in the matter of Adoption of male Child Jasraj
@ Dhanushya, who was born on 26/08/2016. The Respondent No.1
Mr.Dashrath Rajpurohit Singh and Respondent No.2 Mrs.Nisha
Dashrath Rajpurohit are the biological parents of minor child Jasraj @
Dhanushya.
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 20/05/2002. They are
of sound mind. Therefore, they have decided to adopt the child. It is
contended that the respondents are the biological father and mother of
minor child Jasraj @ Dhanushya 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 child Jasraj @ Dhanushya in
adoption to the petitioners and the petitioners also agreed to adopt the
said child Jasraj @ Dhanushya. In fact, the adoption deed was also
executed and registered on 8/5/2017 before the Sub-Registrar,
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Adopt.Pet.No.38/2020 Judgment : 3 :
Andheri, Mumbai and the custody of the said child was handed over to
the petitioners. It is contended that the name of said child was not
changed, consequently, the present petition is filed for the adoption.
3. The petitioners have filed certificate of registration of their
marriage, birth certificate of the said child, medical fitness certificate
that they are not suffering from any disability, so also, they have filed
Joint Affidavit of consent on record. They have also filed the
documentary evidence to show that their financial position is sound.
They have also filed the affidavit of Respondents on record and letter of
motivation. So also, copy of adoption deed executed by the respondent
in their favour. The petitioners have also filed the photograph
alongwith child Jasraj @ Dhanushya etc. on record. They have also
filed mishap Certificate dated 6/3/2019 executed by Dinesh Thabur
Poojari brother of petitioner no.1 Mrs.Kasturi Korgappa Poojari to the
effect that in case if the petitioners will be no more in the world, he will
take the care of the said child in all respects. They have also filed their
evidence affidavit on record.
4. On perusal of the documents, evidence and after hearing the
argument of the learned advocate for the petitioner and respondent, it
appears that the petitioners are ready and willing to take minor Jasraj
@ Dhanushya in adoption as their son 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 Jasraj @
Dhanushya in better way and for the welfare of minor Jasraj @
Dhanushya, they have decided to give him in adoption to the
petitioners.
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Adopt.Pet.No.38/2020 Judgment : 4 :
5. It is necessary to mention here that the petitioners, respondents
alongwith minor Jasraj @ Dhanushya were present in my Chamber. I
had brief interaction with them. Petitioners appear to be very happy
with their decision to have minor Jasraj @ Dhanushya 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 Jasraj @ Dhanushya and
for his 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 Jasraj @ Dhanushya in adoption as father and mother respectively.
6. In the result, in view of the aforesaid discussion for the welfare
and wellbeing of minor Jasraj @ Dhanushya, it is just and desirable to
allow the petition. In the result, following order:
O R D E R
1. Adoption Petition No.38/2020 is allowed.
2. It is declared that the Petitioners Mr.Korgappa Lingappa Poojari
and Mrs.Kasturi Korgappa Poojari is the adoptive father and mother
respectively of minor male child Dhanushya. Henceforth, Dhanushya is
the son of Petitioners no.1 and 2.
3. The concerned Municipal authorities are directed to issue birth
certificate of Dhanushya who was born on 26/08/2016 showing the
name of Petitioner no.1 Mr.Korgappa Lingappa Poojari as his father and
petitioner no.2 Mrs.Kasturi Korgappa Poojari as his 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 Dhanushya Korgappa Poojari.
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Adopt.Pet.No.38/2020 Judgment : 5 :
5. Adoption Petition No.38/2020 is thus disposed of accordingly.
Date : 05.12.2020 (M.M.UMAR)
Judge
City Civil Court,
Gr. Bombay.
Dictated on : 05.12.2020
Typed on : 05.12.2020
Signed by HHJ. : 05.12.2020
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
05.12.2020 3.35 p.m. Mrs. Jyoti Mane
Name of the Judge HHJ Shri MM Umar (CR No.22)
Date of Pronouncement of
Judgment/Order.
05.15.2020
Judgment/order signed by P.O on 05.15.2020
Judgment/order uploaded on 05.05.2020
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