Final Order 1

Order Details: Copy of Judgment
Pdf Text: 1 Misc. Petition No. 104-2019
IN THE BOMBAY CITY CIVIL COURT, AT GREATER BOMBAY
MISCELLENIOUS PETITION NO. 104 OF 2019
In the matter of the Hindu Adoption And
Maintenance Act, 1956; U/s. 9[4] ;
And
In the matter of the Guardians and Wards
Act, 1890;
And
In the matter of the adoption of female
Minor SHARVARI DARMENDRA RAJPUT;
Mr. Dharmendra Harial Rajput, ]
Aged : 46 years Occ : Business ]
a Hindu, residing at Bldg. 17, ]
Gr. Floor, R. No. 1118, Abhudaya Ngr., ]
Cotton Green, Mumbai 400 033, ]
Permanent residing at Borbadevi ]
Apts; Flat No. 1, Plot No. 269, ]
Govandi East, Mumbai 400 088 ]...Petitioner
V/s
Mrs. Shubhangi Dharmendra Rajput, ]
aged 35 years, Occupation : Housewife, ]
a Hindu, Residing at Bldg. No. 17, ]
Gr. Floor, Room No. 1118, ]
Abhudaya Nagar, Cotton Green, ]
Mumbai ]...Respondents
Ld. Advocate Mr. Rakesh Kapoor for Petitioner.
CORAM: K.R.JOGLEKAR, ADHOC JUDGE,
(C.R.NO.34)
DATED: 16th MAY, 2019.
(DICTATED AND PRONOUNCED IN OPEN COURT)
:ORAL ORDER:
This petition is under the provisions of Section 56 of the
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Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of
2016) (Hereinafter referred to as “Juvenile Justice Act”) read with
Section 9(4) of the Hindu Adoption And Maintenance Act, 1956 in the
matter of adoption of female minor SHARVARI born on 03.08.2010.
2. Applicants are legally wedded husband and wife who got
married on 18.06.2016. They have no biological children from this
marriage. It is a second marriage for both of them. However, the
petitioner is divorcee from the first marriage. His first marriage ended
with divorce on 24.12.2007 and no children, according to Divorce
Decree. Respondent Mrs. Shubhangi's first husband died on
19.05.2010. From her first marriage she has one daughter, aged about
8 years. Medically the petitioner and his wife are in good health and are
capable of looking after the said proposed minor as their own daughter.
Proof of age, Marriage, Medical Certificate, Divorce Decree and Death
Certificate of respondent's husband annexed at Exh. A.
3. The Petitioner i.e. adoptive father have his own Partnership
Business of M/s. Om Traders. He is the proprietor and his gross income
is Rs. 2,35,767/ per annum. Respondent is Home maker. He has
produced on record copy of Income Certificate, ITR and
financial/Investment Certificates at Exh. B.
4. The Petitioners Home Study Report has been prepared by
Qualified Social Worker and the said Social Worker recommends the
Ptitioner and his wife as suitable adoptive parents. Home Study Report,
References, Mishap Affidavit of Mr. Narayandas N. Rajput and Mrs.
Anjali N. Rajpur, cousin brother and sisterinlaw of the petitioner and
photograph of adoptive family are at Exh. C.
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5. The respondent i.e. biological mother of adoptive child Sharvari
Mahendra Koli has given her consent to this adoption. The copy of
Birth Certificate of proposed minor, Health Report, Photograph of minor
and Consent Affidavit of Petitioner's wife (biological mother)
respectively are at Exh. D.
6. Consent to adoption of Petitioner's wife is at Exh. E. Undertaking
of petitioner to send to this Hon'ble Court follow up reports of the said
minor and affidavit in support respectively are at Exh. F. Accordingly,
he prayed for grant of Adoption Petition.
7. From the perusal of the record and proceedings and upon hearing
of Learned Advocate for the petitioner/respondent, they are ready and
willing to take in adoption Sharvari, therefore, in the best interest of the
minor girl Sharvari and for her better future, it will be just and proper
to allow the Petitioner to adopt minor female child S.
8. The Petitioner No. 1 i.e. adoptive father of minor male child
Sharvari undertakes to invest in the Sharvari's name Rs. 50,000/ as one
time investment with the LIC or in any Nationalized Bank. Therefore,
Petition needs to be allowed. Therefore, following order.
ORDER
Adoption Petition No. 104 of 2019 is allowed as under:
1. It is hereby declared that petitioner No.1 Mr. Dharmendra
Harilal Rajput is the adoptive father of minor male child Sharvari and
henceforth child Sharvari is the daughter of Petitioner.
2. The Petitioner is directed to execute 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
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document in this Court.
3. The concerned Municipal Authorities of BMC are directed
to issue Birth Certificate of Sharvari Dharmendra Rajput who born on
03.08.2010 showing the name of Petitioner Mr. Dharmendra Harilal
Rajput as her father and Respondent Mrs. Shubhangi Dharmendra
Rajput as her mother.
4. The Petitioner i.e. adoptive father of minor female child
Sharvari shall invest Rs. 50,000/ as one time investment with the LIC
or in any Nationalized Bank and nominate her in his 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 Petitioner and Respondent 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
Sharvari Dharmendra Rajput.
6. The adoptive parents i.e. Petitioner is permitted to move
the adoptive child out of jurisdiction of this Court.
7. Adoption Petition is hereby disposed off.
Date: 16.05.2019 K.R.JOGLEKAR
Adhoc Judge,
City Civil & Sessions Court,
Gr.Bombay.
Dictated on : 16.05.2019
Typed on : 16.05.2019
HHJ signed on : 16.05.2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
16.05.2019 (3.00 p.m.) MRS. APARNA V. LELE
(H.G. STENOGRAPHER)
Name of the Judge
(with Court Room No.)
Shri K.R. Joglekar
C.R. No.34
Date of Pronouncement of JUDGMENT/ ORDER 16.05.2019
JUDGMENT/ORDER signed by P. O. on 16.05.2019
JUDGMENT/ORDER uploaded on 16.05.2019
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