Final Order 1

Order Details: Copy of Judgment
Pdf Text: 1 Misc. Application No.108/2019
IN THE BOMBAY CITY CIVIL COURT, AT GREATER BOMBAY
MISCELLENIOUS APPLICATION NO. 108 OF 2019
In the matter of Section 58(3) of the
Juvenile Justice (care and protection of the
children Act), 2015 (as amened) r/w
Regulation 12(2) o the Adoption Regulation;
And
In the matter of Adoption of male minor
ANWAR @ SOURABH RAJIV KANEKAR
under the age 15 years an inmate of WWTI
Bal Anand Sai Krupa 93, Ghatala Village,
Chembur, Mumbai 400 071.
WWTI Bal Anand,
a registered society having its
registered address at Sai Krupa,
93, Ghatala Village,
Chembur, Mumbai 400 071
through its social worker Deepa Chetty. ...Petitioner/Applicant
And
1. Rajiv Vishram Kanekar,
Hindu aged 47 years, Occ : Business
2. Shruti Rajiv Kanekar,
Hindu, aged 43 years, Occ : Housewife
both Copetitioners are Indian Inhabitant
residing at Pragati Colony, 2nd Cross,
Vidyanagar, Hubballi 21,
Karnataka. ...Adoptive Parents/
CoPetitioners
Ld. Advocate Mr. Sameer Sawant for Petitioner and CoPetitioner.
Scrutiny officer Mr. O. Hareendran.
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CORAM: A.S.Sayyad, Judge, (C.R.No.34),
City Civil & Sessions Court.
DATED: 28 th June, 2019.
(DICTATED AND PRONOUNCED IN OPEN COURT)
:ORAL ORDER:
This is the petition under Section 58(3) of Juvenile Justice
(Care and Protection of Children) Act, 2015 r/w regulation 12(2) of the
Adoption Regulations in respect of adoption of male minor ANWAR @
SOURABH RAJIV KANEKAR under the age 15 years an inmate of
WWTI Bal Anand, Sai Krupa 93, Ghatala Village, Chembur, Mumbai
400 071.
2. Petitioner WWTI Bal Anand is the custodian of the the said
male minor ANWAR @ SOURABH who was born on 16th February,
2016 and admitted to the petitioner institute on 19.02.2016 as per the
order of Child Welfare Committee, Mumbai Suburban District. After
making the inquiry under section 38 (1) of the said Act, the Child
Welfare Committee, Mumbai Suburban District declared the said minor
as Legally Free for Adoption on 25.02.2019. The Free for Adoption
Order and Extension Order of the Child Welfare Committee, Mumbai
Suburban District is on record at page no. 14 to 16 the Petition.
3. Petitioner now intend to give the said male child in
adoption to the copetitioners as Prospective Adoptive Parents.
Accordingly, petitioner and copetitioner agreed to adopt the said child.
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4. The Prospective Adoptive Parents i.e. Copetitioners are staying at
Pragati Colony, 2nd Cross, Vidyanagar, Hubballi 21, Karnataka. Co
petitioners got married on 06.03.2003 but they have no biological child.
The decision of Adoption Committee dated 25.3.2019 is on record at
page no. 12 of the Petition. The CARA Registration Number is Prka
71036394.
5. Affidavit dated 28.3.2019 by the Social Worker of the
Specialized Adoption Agency i.e. petitioner is on record at page no. 16
17 of the petition.
6. The Prospective Adoptive Father is doing business of Cable
Networking and his annual income is Rs.5,03,517/ whereas the co
petitioner no.2 is housewife. The copies of Income Tax Return
Acknowledgment, Bank statement with SBI and Union Bank of India,
LIC investment of first copetitioner are on record as Exh.L colly at
page nos. 50 to 73 of the petition. The Copy of PAN and Aadhar Card
as proof of residence of the copetitioner is on record at pages no. 22 to
26 of the petition.
7. The Home Study Report Part I i.e. Self Assessment by the
Proposed Adopters and Home Study Report Part II i.e. Assessment
Report of the Social Worker of Amulya (G) Shishu Gruha Hubli (Home
visit done on 1.3.2017) is on record at Exh.P from pages no. 84 to 92 of
the petition. As per the Home Visit by the said Social Worker dated
1.3.2017 it is reported that “The prospective adoptive parents are
educated, responsible couple is financially, physically and emotionally
capable to take care of a child” After all assessment, the Social Worker
has recommended a male child can be placed with the Prospective
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Adoptive Parents in adoption.
8. The Child Security Undertaking Letter dtd. 22.03.2019
given by the sister and brother in law of the 2nd Copetitioner who
residing at Shri Guru Apartment, S1, IInd floor, Beside Bank of India,
Angol Main Road, Belgaum to look after the proposed minor in case of
any mishap to the Copetitioners is on record at page no. 80 of the
petition at Exh.N.
9. Letter of Consent and Declaration of willingness,
Motivation to adopt, change of name and undertaking by the Proposed
Adopters are on record at Exh. I and Exh.J, respectively from pages no.
39 to 44 of the petition. PreAdoption Foster Care Undertaking dated
21.3.2019 is on record at page no. 45 to 49 of the petition at Exh.K.
10. Medical Examination Report of the minor is on record and
it states that ANWAR @ SOURABH is a happy infant. His milestones,
growth and development appears to be appropriate for his age. The
prospective adoptive parents have countersigned this report along with
his psychological test report at Exh.R from pages no. 95 to 110 of the
petition.
11. The undertaking to send follow up report by the authorities
of Amulya (G) Shishugruha Hubballi s on record at Exh.Q, page no. 93
of the petition.
12. In response to the petition, Scrutiny Officer Mr. O.
Hareendran submitted his report at Exh.2.
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13. Affidavit of Copetitioner no.1 Mr. Rajiv Vishram Kanekar
and Copetitioner no.2 Smt. Shruti Rajiv Kanekar are at Exh. 3 and
Exh.4 respectively.
14. Heard Ld. Advocate for petitioner and copetitioners. Heard
Scrutiny Officer Mr. O. Hareendran. Perused the documents filed on
record as referred above.
15. Upon perusal of the record and upon hearing concerned, it
reveals that the child is given in custody of the proposed adoptive
parents and he is residing happily with them. Proposed adoptive parents
shown their willingness to invest Rs. 1,00,000/ as one time investment
with the LIC/Nationalized Bank in the name of child and to nominate
the adoptive child ANWAR @ SOURABH RAJIV KANEKAR in their
property and in all the investments, if any. Considering the prayer as
well as documents, in the best interest of child, I am satisfied to grant
permission to adopt the child. Hence, I pass the following order :
ORDER
Adoption Petition No.108 of 2019 is allowed as under:
1. Copetitioners/proposed adoptive parents are permitted to
adopt male minor child by name ANWAR @ SOURABH
RAJIV KANEKAR as per the Juvenile Justice (Care and
Protection of Children) Act, 2015 from the petitioner WWTI
Bal Anand.
2. Copetitioners/proposed adoptive parents shall invest
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Rs.1,00,000/as one time investment with LIC/Nationalized
Bank in the name of minor child ANWAR @ SOURABH
RAJIV KANEKAR and to nominate him in their property and
other investment if any, within three months from the date of
this order.
3. Copetitioners are appointed as adoptive parents of the male
minor child ANWAR @ SOURABH RAJIV KANEKAR.
4. Copetitioners are allowed to change the name of minor from
ANWAR to SOURABH RAJIV KANEKAR.
5. The adoptive parents/copetitioners are granted permission to
apply the concerned Municipal Authorities to issue Birth
Certificate of the said minor SOURABH RAJIV KANEKAR
having date of birth as 16.02.2016.
6. Upon the said application, concerned Municipal Authorities
shall issue birth certificate of child namely SOURABH RAJIV
KANEKAR having date of birth as 16.02.2016 showing the
name of Copetitioner no.1 Mr. Rajiv Vishram Kanekar as his
father and Copetitioner no.2 Mrs. Shruti Rajiv Kanekar as his
mother.
7. Copetitioners are further permitted to apply to passport
authorities and all other Government/Semi Government
authorities in respect of issuance of Pan Card, Aadhar Card
and all other necessary documents in the name of SOURABH
RAJIV KANEKAR.
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8. Copetitioners are permitted to move the child out of
jurisdiction of this Court.
9. The adoptive parents do pay a sum of Rs.2500/ to the WWTI
Bal Anand towards the cost of scrutiny and investigation.
10. Adoption Petition No. 108/2019 is hereby disposed off.
Date: 28.06.2019 A.S. Sayyad,
Judge,
City Civil & Sessions Court,
Gr.Bombay.
Dictated on : 28.06.2019
Typed on : 28.06.2019
HHJ signed on : 28.06.2019
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
29.06.2019 (3.10 p.m.) MRS. K.Y. INAMDAR
(STENOGRAPHER)
Name of the Judge
(with Court Room No.)
Shri K.R. Joglekar
C.R. No.34
Date of Pronouncement of JUDGMENT/
ORDER
28.06.2019
JUDGMENT/ORDER signed by P. O. on 28.06.2019
JUDGMENT/ORDER uploaded on 29.06.2019
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