Final Order 1

Order Details: Copy of Judgment
Pdf Text: Adopt.Pet.No.111/2019 ORDER : 1 :
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
ADOPTION PETITION NO.111 of 2019
In the matter of the Section 58(3) of
Juvenile Justice (care and protection of
children) Act 2015 (as amended)
r/w.Regulation 12(2) of the Adoption
Regulation.
AND
In the matter of Adoption of male minor
VIRAT @ VIRAT SANJAY GAYAKWAD
under the age 15 years an inmate of
WWTI Bal Anand, Sai Krupa 93,Ghatala
Village, Chembur, Mumbai 400071.
WWTI Bal Anand, a registered society
having its registered address at Sai
Krupa 93, Ghatala Village,Chembur,
Mumbai 400071
Through its Social Worker Deepa Chetty
.. Petitioner/Applicant
AND
1. Sanjay Popat Gayakwad, Hindu
Aged 43 years, Occ: Service
2. Mrs.Sunita Sanjay Gayakwad, Hindu,
Aged 42 years, Occ: Housewife
Both co-petitioners are Indian Inhabitant
residing at Batiya Nagar, Pimpri Khurd,
Taluka Dharangaon, Jalgaon.
.. Proposed Adopters/
Co-petitioners.
Ld. Advocate Mr.Sameer K.Sawant for Petitioner and Co-petitioner.
Mr.O.Hareendran representative of ICSW.
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Adopt.Pet.No.111/2019 ORDER : 2 :
CORAM : HIS HONOUR JUDGE
SHRI. M.M.UMAR
(Court Room No. 22)
DATE : 23rd November, 2020.
ORDER
1. This is adoption petition under the provisions of Juvenile Justice
(Care and protection of Children) Act, 2015. The petitioner World
Children Welfare Trust India (WWTI) Bal Anand, is a Government
recognized child Welfare Orgnization under Section 65 of the Juvenile
Justice (Care and Protection of the Children) Act 2015, by the State
Government of Maharashtra for rehabilitating orphan, abandoned and
surrendered children through adoption in accordance with the
provisions of JJ Act and Adoption Regulation.
2. It is contended that petitioner WWTI Bal Anand is the custodian
of male minor Virat whose date of birth is 12/12/2017 was transferred
from observation home to their Care and Custody by the Child Welfare
Committee, Mumbai and Bal Anand being the petitioner is intending to
give the said child to the co-petitioners viz. Sanjay Popat Gayakwad
and Sunita Sanjay Gayakwad. It is contended that after following the
due procedure of law the said adoptive parents has been found as
eligible and suitable for adopting by the adoption committee of the
Institution as per the criteria mentioned in Section 57 of Juvenile
Justice Act and Regulation 5 of the Adoption Regulation, based upon
the home study report annexed to the Petition.
3. It is contended that the said minor child Virat is abandoned child
who was placed before CWC Mumbai, on 22/12/2017 and after
considering on various aspects CWC has declared the child legally free
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Adopt.Pet.No.111/2019 ORDER : 3 :
for adoption on 2/11/2018.
4. It is contended that prospective adoptive parents (co-petitioners)
are residing at Dharangaon, Jalgaon, Maharashtra. They are aged about
43 and 42 years respectively. Their marriage was solomnized on
21/2/2000, but there is no biological child out of said wedlock. It is
contended that they are well aware that the said child Virat is deprived
of physical and mental care, love and affection of parents. The custody
of the said child has been handed over to the co-petitioners and they
are taking the care of said child as he was their own son. The co-
petitioners are in a position to offer and give parental love, care,
affection and education to minor Virat. They are ready and willing to
take the said minor in adoption, which is for the benefit of minor Virat
and for his wellbeing. Consequently, the present petition is filed.
5. The petitioner WWTI Bal Anand/CWC undertook an inquiry
under Section 38 of the Juvenile Justice (Care and Protection of
Children) Act, 2015 and declared minor Virat legally free for adoption.
A certificate to that effect is placed on record.
6. In so far as the adoptive parents are concerned as noted above
they are Indian Nationals residing at Batiyanagar, Pimpri Khurd,
Tal.Dharangaon,Dist.Jalgaon. They were married on 21/2/2000. Their
marriage certificate is on record. They have no issue out of the said
wedlock. Therefore, they have decided to adopt a child. They have
placed on record a motivation letter, interalia recording their thoughts
in regard to adoption.
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Adopt.Pet.No.111/2019 ORDER : 4 :
7. So far as, the adoptive father is concerned, he is working as a
Teacher at Zilha Parishad High School, Bhalgaon, Dist.Jalgaon since
7/9/1998 and his gross salary is more than Rs.54,000/- per month. The
co-petitioner no.2 is the housewife. The other relevant documents are
also placed on record.
8. The medical report of the adoptive father and adoptive mother
placed on record from which it is clear that they are also medically fit
to adopt a child.
9. There is home study report part-I (self assessment) which is a self
assessment setting of the details of familarity of the adoptive parents in
regard to the adoption, the family background and the professional and
employment details of the adoptive parents, etc. There is home study
report Part-II on record which is assessment report by the social worker,
attached to the WWTI Bal Anand. There is Child Security Undertaking
dated 2/4/2019 which is given by brother and sister-in-law of proposed
adoptive mother residing at Jalgaon to look after the minor Virat in
case of any unfortunate mishap to the adoptive parents- co-petitioners.
10. A joint consent and willingness of the adoptive parents as per the
requirement in law is on record which states that they are ready to be
appointed or declared as adoptive parents of the minor Virat.
11. There is pre-adoption Foster Care Undertaking of the adoptive
parents dated 2/4/2019, in pursuance to which it is informed that the
child in the Foster Care of the adoptive parents. The photographs of the
adoptive parents and the minor child are placed on record.
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Adopt.Pet.No.111/2019 ORDER : 5 :
12. There is representation of Mr.O.Hareendran of Indian Counsil of
Social Welfare, Central Office, Mumbai, dated 4/6/2019 checking out
all the details in regard to the proposed adoption. The representation
does not indicate anything adverse for this Court not to permit the
adoption in question.
13. It is pertinent to mention here that the co-petitioners have filed
their evidence affidavit on record at Exhibit 3 and 4 respectively. From
the evidence and documentary evidence on record it is crystal clear that
the co-petitioners are mentally, physically and financially sound to
welcome another member in their family. It appears that the co-
petitioners are emotionally attached with minor Virat and they are
taking the care of him as their own child. It is pertinent to mention
here that petitioner after considering all necessary assessments has
recommended for the adoption of child to the co-petitioners.
14. I had heard to both the adoptive parents, alongwith minor Virat.
I had brief interaction with them in my Chamber. They appear to be
very happy with their decision to have minor Virat in adoption. I could
see happiness of both the adoptive parents.
15. It is pertinent to mention here that I have interviewed the
petitioners in Chamber and I have gone through their evidence on
record. I prima facie find that the petitioners are highly motivated and
have a strong attachment to the child Virat who is in their custody. The
petitioners have stated in one voice that they have a lot of love and
affection for the child and they have treated the child as their own.
They have stated before me that they are financially sound and they
have their place of residence in Jalgaon district, and are in a position to
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Adopt.Pet.No.111/2019 ORDER : 6 :
take care of all the needs of the child Virat and would ensure proper
education imparted to him.
16. Thus, considering above facts and circumstances, I am of the
considered opinion that for the welfare of the child Virat and for his
wellbeing, reliefs as prayed for are required to be granted. In the result,
following order:
O R D E R
1. Adoption Petition No.111/19 is allowed.
2. It is declared that the co-Petitioner No.1 Mr.Sanjay Popat
Gayakwad and co-Petitioner No.2 Mrs.Sunita Sanjay Gayakwad are the
adoptive father and mother respectively of the minor male child Virat
and henceforth child Virat is the Son of co-Petitioner No.1 and 2.
3. The concerned Municipal authorities are directed to issue birth
certificate of Virat who was born on 12/12/2017 showing the name of
co-Petitioner No.1 Mr.Sanjay Popat Gayakwad as father and co-
Petitioner No.2 Mrs.Sunita Sanjay Gayakwad as his mother.
4. The co-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 Virat Sanjay Gayakwad.
5. The co-petitioners are directed not to give minor Virat in
adoption to any other person without previous permission of this Court.
6. The adoptive parents i.e. Co-petitioners are permitted to move
adoptive child Virat out of the jurisdiction of this Court.
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Adopt.Pet.No.111/2019 ORDER : 7 :
7. Adoption Petition No.111/2019 is thus disposed of accordingly.
Date : 23.11.2020 (M.M.UMAR)
Judge
City Civil Court, Gr. Bombay.
Dictated on : 23.11.2020
Typed on : 23.11.2020
Signed by HHJ. : 24.11.2020
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
24.11.2020 11.40 a.m. Mrs. Jyoti Mane
Name of the Judge HHJ Shri MM Umar (CR No.22)
Date of Pronouncement of
Judgment/Order.
23.11.2020
Judgment/order signed by P.O on 24.11.2020
Judgment/order uploaded on 24.11.2020
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