Final Order 1

Order Details: Copy of Judgment
Pdf Text: 1 Misc. Petition No. 117/2019
IN THE BOMBAY CITY CIVIL COURT, AT GREATER BOMBAY
MISCELLENIOUS PETITION NO. 117 OF 2019
In the matter of Section 9 of the Hindu
Adoption and Maintenance Act, 1956;
And
In the matter of the Guardians and Wards
Act, 1890;
And
In the matter of Hindu Minority and
Guardian Act, 1956;
In the matter of the adoption of master
KRITHIK KHOSLA a male minor under the
age of 15 years;
Santosh Sadanand Kutkani, ]
Aged : 31 years, Hindu, Indian Inhabitant ]
of Mumbai, Occupation : Service, ]
Residing at Room No.10, 3rd floor, ]
Suraj Apartment, Plot No.14, ]
Datar Colony, ]
Bhandup (E), Mumbai 400 042. ]...Petitioner
V/s
Pooja Manoj Khosla, ]
aged 31 years, Hindu, Indian Inhabitant ]
of Mumbai, Occupation : Service, ]
Residing at Room No.10, 3rd floor, ]
Suraj Apartment, Plot No.14, ]
Datar Colony, ]
Bhandup (E), Mumbai 400 042. ]...Respondent
Ld. Advocate Mr. Sameer Sawant for Petitioner.
Coram A.S.Sayyad, Judge, (C.R.No.34),
City Civil & Sessions Court.
Dated 12 th July, 2019.
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2 Misc. Petition No. 117/2019
(DICTATED AND PRONOUNCED IN OPEN COURT)
:ORAL ORDER:
This petition is under the provisions of Section 9 of the Hindu
Adoption and Maintenance Act, 1956, in the matter of Hindu Minority
and Guardian Act, 1956 in the matter of adoption of minor Krithik
Khosla male minor under the age of 15 years born on 27.12.2012.
2. Applicants are legally wedded husband and wife who got married
on 05.07.2018. The marriage certificate is at Exh.D at page no.137 of
the petition. They have no biological children from this marriage. It is a
second marriage of respondent. However, the first marriage of
respondent dissolved as per Judgment and Decree dated 8.9.2016 and
3.11.2016 passed by the Family Court Bandra in Divorce Petition No.A
1496/2014. It is at Exh.B of the page no.1323. The custody of minor
son Krithik continued with the respondent after the Judgment and
Decree of the Family Court.
3. Minor Krithik residing with the petitioner after 5.7.2018. The
Petitioner i.e. adoptive father is B.Com Graduate and working with
Panalpina Global Business Services India Pvt. Ltd. as Team Leader and
his monthly salary is Rs.85,278/. Respondent is Commerce Graduate
and working with Lionbridge Technologies Private Limited and her
annual income through her salary is Rs. 3,72,123/. They have
produced the copies of salary certificate, Form 16 of the petitioner and
respondent alongwith Bank statement of the petitioner and respondent
at Exh.I colly at pages no.149 to 208 of the petition. The copy of PAN
card and Aadhar card of petitioner and respondent are at Exh.F and
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3 Misc. Petition No. 117/2019
Exh.G of the petition from pages no.139 to 143 of the petition.
4. The motivation letter is at Exh.E at page no.138 of the petition.
References, Mishap Affidavit of Mr. Shyam Manoj Khosla and Garima
Shyam Khosla, real brotherinlaw and sisterinlaw of petitioner and
real brother of respondent at Exh.L at page no. 230A and 230 of the
petition and photograph of adoptive family is at Exh. O at page no. 235
of the petition.
5. The respondent i.e. biological mother of adoptive child Krithik
has given her consent to this adoption. The copy of Birth Certificate of
proposed minor at Exh.A, Health Report at Exh.R, Photograph of minor
at Exh.O and Consent Affidavit of Petitioner's wife (biological mother)
respectively are at Exh. M. Medically the petitioner and his wife are in
good health and are capable of looking after the said proposed minor as
their own son. The health and medical report of petitioner and
respondent are at Exh.P and Exh.Q respectively at pages no.237 to 240
of the petitioner. Pediatrician report of minor Krithik is at Exh.R at
pages no.241 to 242 of the petition. Undertaking of petitioner to send
to this Hon'ble Court follow up reports of the said minor at Exh. N of
the petition. Accordingly, the petitioner prayed for grant of adoption of
said minor Krithik.
6. The petitioner and respondent are filed their respective affidavits
dated 26.4.2019 which are marked as Exh.2 and Exh.3 respectively.
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 said minor Krithik Khosla, therefore, in the
best interest of the minor boy Krithik Khosla and for his better future,
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4 Misc. Petition No. 117/2019
it will be just and proper to allow the Petition.
7. The Petitioner No. 1 i.e. adoptive father of minor male child
Krithik Khosla undertakes to invest in the Krithik Khosla's name Rs.
1,00,000/ as one time investment with the LIC or in any Nationalized
Bank. The petitioner further undertakes to bear the educational
expenses of the said minor Krithik. Hence, I pass the following order
ORDER
Adoption Petition No. 117 of 2019 is allowed as under:
1. It is hereby declared that petitioner Mr. Santosh Sadanand
Kutkani is the adoptive father of minor male child Krithik Khosla and
henceforth child Krithik Khosla is the son 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
document in this Court.
3. The concerned Municipal Authorities of BMC are directed
to issue Birth Certificate of Krithik who born on 27.12.2012 showing
the name of Petitioner Mr. Santosh Sadanand Kutkani as his father and
Respondent Mrs. Pooja Manoj Khosla as his mother.
4. The Petitioner i.e. adoptive father of minor male child
Krithik Khosla shall invest Rs. 1,00,000/ as one time investment with
the LIC or in any Nationalized Bank and nominate him 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 Krithik
Santosh Kutkani.
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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: 12.07.2019 A.S. Sayyad,
Judge,
City Civil & Sessions Court,
Gr.Bombay.
Dictated on : 12.07.2019
Typed on : 12.07.2019
HHJ signed on : 12.07.2019
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
15.07.2019 (5.15 p.m.) MRS. K.Y. INAMDAR
(STENOGRAPHER)
Name of the Judge
(with Court Room No.)
Shri. A. S. Sayyad
C.R. No.34
Date of Pronouncement of JUDGMENT/ ORDER 12.07.2019
JUDGMENT/ORDER signed by P. O. on 12.07.2019
JUDGMENT/ORDER uploaded on 15.07.2019
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