Final Order 1

Order Details: Copy of Judgment
Pdf Text: 1 Misc. Petition No. 140/2019
IN THE BOMBAY CITY CIVIL COURT, AT GREATER BOMBAY
MISCELLENIOUS PETITION NO. 140 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 the adoption of son RIYAN
son of Mr. Prashant Sitaram Ghag and Mrs.
Sarika Prashant Ghag and under the age of
15 days residing at Room No.5, Haji Niwas,
Quarry Road, Sahyadri Nagar, GRoad,
Bhandup (West), Mumbai – 400 078;
1. Mrs. Kadambari Amit Salvi ]
Age – 36 years, Occupation – Service ]
Residing at 402,, Link Palace Society, ]
4th Floor, Sai Baba Complex, ]
Mohan Gokhale Road, ]
Goregaon (E), Mumbai 63. ]
2. Mr. Amit Vijay Salvi ]
Age 37 years, Occupation – Service ]
Residing at B303, Kaustubh Apartment, ]
Sector 9, Behind Garam Masala Hotel, ]
Airoli, Navi Mumbai. ]...Petitioner No.1
(Adoptive Parents)
V/s
1. Mr. Prashant Sitaram Ghag ]
Age 44 years, Occupation – Service ]
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2. Sarika Prashant Ghag ]
Age – 35 years, Occupation – Service ]
Both residing at Room No. 05, Haji Niwas, ]
Quarry Road, Sahyadri Nagar, ]
GRoad, Bhandup (W), ]
Mumbai – 400 078. ] ...Petitioner No.2
(Natural Parents)
Ld. Advocate Mrs. Sunanda P. Apte Petitioners.
CORAM: A.S.Sayyad, Judge, (C.R.No.34),
City Civil & Sessions Court.
DATED: 03 rd July, 2019.
(DICTATED AND PRONOUNCED IN OPEN COURT)
:ORAL ORDER:
This petition is under the provision 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 Riyan male
minor under the age of 15 years born on 29.03.2019.
2. Applicants/Petitioner no.1 are legally wedded husband and wife
who got married on 27.4.2009. Though petitioner no.1 ie Kadambari
Amit Salvi married with Amit Vijay Salvi, she has not changed her name
from Kadambari Rajan Hate to Kadambari Amit Salvi for her personal
reasons. She had therefore filed the separate affidavit to that effect
under Exh.A colly page no.32 to 33 of the petition. The marriage
certificate is at Exh.A colly at page no.32 of the petition. They have no
biological children from this marriage.
3. The custody of minor Riyan with the petitioner no.1 since birth.
The copy of the Birth Certificate is at Exh. B Colly at page no. 34. The
medical reports of minor Riyan is at Exh.B colly at pages no. 35 and 36.
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The Petitioner no.1 i.e. adoptive father is a Consultant in
Pharmaceutical Company (ELC Group), Indian based and residing for
the said Company job purpose at Praha in Europe. The copy of Bank
Statements and other documents at Exh.C colly from pages no. 48 to
67 of the petition. He also mentioned in his evidence affidavit at Exh.3
that he earned Rs. 3,00,000/ per month. The copy of Aadhar Card,
PAN Card, Passport of adoptive mother is at Exh.A colly at pages no.13,
14 and 17 respectively of the petition. The copy of Aadhar Card, PAN
Card and Passport of the adoptive father at Exh. C colly at pages no.48,
49, 50 and 51 respectively of the petition. The adoptive mother stated
in her evidence affidavit at Exh.2 that she is working in the same
Company and thereby earning Rs.1,50,000/ per month.
4. The motivation affidavit is at Exh.F colly at page no.96 to 99 of
the petition. References and Mishap Affidavit of Ms. Yogita Vijay Salvi,
real sister of adoptive father of petitioner and at Exh.F colly at pages
no.91 to 95 of the petition. Joint photograph of adoptive family is at
Exh. F Colly at age no. 102 of the petition. The separate photograph of
adoptive child is at Exh. F Colly at page no.101 of the petition.
5. The petitioner no.2 i.e. biological mother of adoptive child Riyan
has given her consent to this adoption at Exh.D at age no.82 of the
petition. 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 no.1 are at Exh.A colly at
pages no.33 of the petition and at Exh.C at page no.60 of the petition.
Pediatrician reports of minor Riyan are at Exh.B colly at pages no.35
and 36 of the petition. Undertaking of petitioner no.1 at Exh. F colly
page no.100 of the petition. Accordingly, the petitioner no.1 prayed for
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grant of adoption of said minor Riyan.
6. The petitioner no.1 and petitioner no.2 are filed their respective
affidavits dated 14.6.2019 which are marked as Exh.2 to Exh.5
respectively. From the perusal of the record and proceedings and upon
hearing of Learned Advocate for the petitione no.1 and 2, they are
ready and willing to take in adoption said minor Riyan, therefore, in
the best interest of the minor boy Riyan and for his better future, it will
be just and proper to allow the Petition.
7. The Petitioner No. 1 i.e. adoptive father of minor male child
Riyan undertakes to invest in the Riyan'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 Riyan. Hence, I pass the following order
ORDER
Adoption Petition No. 140 of 2019 is allowed as under:
1. It is hereby declared that petitioner no.1 Mr. Amit Vijay
Salvi is the adoptive father of minor male child Riyan and henceforth
child Riyan is the son of Petitioner no.1.
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 Riyan who born on 29.3.2019 showing the
name of Petitioner no.1 Mr. Amit Vijay Salvi as his father and Petitioner
no.1 Mrs. Kadambari Amit Salvi as his mother.
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4. The Petitioner no.1 i.e. adoptive father of minor male child
Riyan 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 no.1, adoptive father and mother 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 Riyan Amit Salvi.
6. The adoptive parents i.e. Petitioner no.1 is permitted to
move the adoptive child out of jurisdiction of this Court.
7. Adoption Petition is hereby disposed off.
Date: 03.07.2019 A.S. Sayyad,
Judge,
City Civil & Sessions Court,
Gr.Bombay.
Dictated on : 03.07.2019
Typed on : 03.07.2019
HHJ signed on : 03.07.2019
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
05.07.2019 (3.45 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 03.07.2019
JUDGMENT/ORDER signed by P. O. on 03.07.2019
JUDGMENT/ORDER uploaded on 05.07.2019
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