Final Order 1

Order Details: Copy of Judgment
Pdf Text: 1 Adoption Petition No.115-2019
IN THE BOMBAY CITY CIVIL COURT, AT GREATER BOMBAY
MISCELLENIOUS PETITION NO. 115 OF 2019
In the matter of Hindu Adoption and
Maintenance Act, 1956 Section 9(2);
And
In the matter of the Adoption of BABY
TANAYA alias TANAYA YOGESH PASHTE
a female minor under the age of 15 years.
1.Mr. Yogesh Kushba Pashte ]
A Hindu, Indian Inhabitant, ]
Aged 45 years, ]
2. Mrs. Sharmila Yogesh Pashte ]
Hindu, Indian Inhabitant, ]
Age 43 years, ]
Both residing at 605, Niraj Park, ]
Building No.1, Barave Road, ]
Near Amrut Park, ]
Khadakpada, Kalyan (W), ]
Thane, Pin 421 301. ] ...Petitioners/
Proposed Adoptive Parents
V/s
Ms. Neelam Surersh Dhurandhar ]
a Hindu, Indian Inhabitant, ]
Age 27 years, ]
Residing Mukti Nagar, ]
Waman Tukaram Patil Marg ]
Chembur, Mumbai 400 071. ] ...Respondent
Ld. Advocate Mrs. Aarti P. Kulkarni for Petitioners and Respondent.
CORAM: A.S.Sayyad, Judge, (C.R.No.34),
City Civil & Sessions Court.
DATED: 19 th July, 2019.
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2 Adoption Petition No.115-2019
(DICTATED AND PRONOUNCED IN OPEN COURT)
:ORAL ORDER:
This petition is under the provisions of Section 9(2) of the
Hindu Adoption and Maintenance Act, 1956 in the matter of adoption
of baby Tanaya @ Tanaya Yogesh Pashte female minor under the age
of 15 years.
2. The Petitioners/ proposed parents are Hindu and are
legally wedded husband and wife and they got married on 06.05.2001
Out of the said wedlock, they have no biological child. Accordingly they
have annexed copies of Marriage Certificate, Medical Reports, Aadhar
Card, PAN card, passport at Exh “A” from pages no. 10 to 27 of the
petition
3. Respondent is a family friend of petitioners and she is
married to Shri. Suresh Ramchandra Dhurandar on 2.5.2010. The
husband of the respondent expired on 6.11.2011. Thereafter the
respondent is residing at her parent's place and the child born on
16.7.2018 at D.Y. Patil Hospital, Navi Mumbai as illegitimate child of
the respondent, being the biological mother of the said illegitimate
child, she has sole legal rights and custody over the said child an is
solely responsible for the welfare and well being of the said female child
Tanaya. The respondent and her parents desires to give the said child
Tanaya in adoption and accordingly the child has been in the care and
custody of petitioners/proposed adoptive parents from 20.7.2018. The
Birth certificate of Tanya Suresh Dhurandhar is attached by separate
list of documents filed on 30.4.2019 at Exh.5.
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4. The first proposed Adoptive Parent is working in Orange
Services India Technology Pvt. Ltd. and his gross total income is
Rs.11,87,711/ and second Adoptive Parent is working in Jilla Parishad
School, Mharal No.1, Post Varap, Taluka Kalyan, District Thane and her
gross total income is Rs. 6,02,701/ p.a. They have produced on record
necessary documents at Exh. “B” from pages no.28 to 51 of the petition.
The proposed Adoptive Child has been in care and custody of the
Petitioners/Proposed Adoptive Parents from 20.7.2018. Consent
Affidavit of respondent i.e. biological mother is at Exh. “D” at page no.
62 to 64 of the petition. Accordingly, they prayed for grant of Adoption
Petition. The photograph of the adoptive parents is at Exh.D at page
no.50 of the petition. The photograph of respondent and the minor
female child Tanaya is at Exh.D at page no.51 of the petition. The
undertaking of adoptive parents is at Exh.E at page no.65 and 65A of
the petition. At page no.66 to 68 is the affidavit for undertaking by Mr.
Sachin Kushaba Pashte & Mrs. Sakshi Sachin Pashtethe brother and
sister in law of the petitioners for unforeseen mishap and page no.69
and 69A is the undertaking for hamipatra for child care arrangement.
5. The Claim Affidavit of Petitioners/Proposed Adoptive
Parents is at Exh.2 and Exh.3 respectively. The affidavit in chief of
respondent is at Exh.4.
6. From the perusal of the record and proceedings and upon
hearing of Learned Advocate for the Petitioners and Respondent, as
Petitioners are not having any biological child out of their wedlock and
as the Respondent being biological mother of the child is ready and
willing to give in adoption female minor child Tanaya and as Petitioners
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are ready and willing to take in adoption to her, therefore, in the best
interest of the minor child Tanaya and for her better future, it will be
just and proper to allow the Petitioners to adopt minor female child
Tanaya from the respondent. Therefore, Petition needs to be allowed.
Therefore, following order.
ORDER
Adoption Petition No. 115 of 2019 is allowed as under:
1. It is hereby declared that petitioner No.1 Mr. Yogesh
Kushaba Pashte and Petitioner No.2 Mrs. Sharmila Yogesh Pashte are
the adoptive father and mother respectively of minor female child
Tanaya and henceforth child Tanaya is the daughter of Petitioner Nos.1
and 2.
2. The Petitioners and Respondent are directed to get
executed and to register Adoption Deed in the concerned Sub Registrar
Office within three months from the date of this order and to submit
copy of the registered document in this Court.
3. The concerned Municipal Authorities are directed to issue
Birth Certificate of Tanaya Yogesh Pashte who born on 16.7.2018
showing the name of Petitioner No.1 Mr. Yogesh Kushaba Pashte as her
father and Petitioner No.2 Mrs. Sharmila Yogesh Pashte as her mother.
4. The Petitioner Nos.1 and 2 i.e. adoptive parents of minor
female child Tanaya shall invest Rs.1,00,000/as one time investment
either in LIC or in any Nationalized Bank or in any scheme of Postal
Authority in the name of minor child Tanaya and to nominate her in
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their property and other investment if any, within three months from
the date of this order and to submit copy of the documents in this
Court.
5. The Petitioners are further permitted to apply to passport
authorities and all other Government/Semi Government authorities in
respect of issuance of Pass Port, Pan Card, Aadhar Card and all other
necessary documents in the name of Tanaya Yogesh Pashte.
6. The adoptive parents i.e. Petitioner Nos.1 and 2 are
permitted to move the adoptive child out of jurisdiction of this Court.
7. Adoption Petition is hereby disposed off.
Date: 19.07.2019 A.S. Sayyad,
Judge,
City Civil & Sessions Court,
Gr.Bombay.
Dictated on : 19.07.2019
Typed on : 19.07.2019
HHJ signed on : 19.07.2019
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
19.07.2019 ( 5.25 p.m.) MRS. K.Y. INAMDAR
(STENOGRAPHER)
Name of the Judge
(with Court Room No.)
Mr. A.S. Sayyad
C.R. No.34
Date of Pronouncement of JUDGMENT/
ORDER
19.07.2019
JUDGMENT/ORDER signed by P. O. on 19.07.2019
JUDGMENT/ORDER uploaded on 19.07.2019
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