Final Order 1

Order Details: Other
Pdf Text: Order ..1 Adoption Petition No.65/2022
MHCC010044282020
Presented on : 30.09.2020
Registered on : 28.03.2022
Decided on : 06.05.2022
Duration : 01Y, 07M, 06 Ds.
IN THE CITY CIVIL COURT FOR GREATER MUMBAI
ADOPTION PETITION NO. 65 OF 2022
1. Mr. Mohan Ramesh Williams
Aged about 58 years, Occupation: Service,
2. Mrs. Maria Mohan Williams
Aged about 57 years, Occupation: Service,
Both residing at
Room No. 2, Jayprakash Nagar,
Rungtha Lane, Behind Ashoka Apts.,
Nepeansea Road, Mumbai – 400 006. ...Petitioners /
Prospective Adoptive Parents
AND
Mrs. Aarti Ajay Soni,
Age: 31 years, Occupation: Housewife,
Residing at 71, Chinchpada,
Chandani Palace, Near Datta Mandir,
Digha, Navi Mumbai – 400 708. ..Copetitioner/Biological Mother
V. N. Mishra, Advocate for the petitioners.
CORAM : HIS HONOUR JUDGE
Sunil T. Soor
(Court No.: 2)
DATED : 06th May, 2022.
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Order ..2 Adoption Petition No.65/2022
O R D E R
Present petition has been filed under section 56 of the Juvenile
Justice (Care and Protection of Children) Act, 2015 (“J. J. Act”) read
with regulation 52(4) and 55(2) of the Adoption Regulations 2017
seeking adoption order in the matter of adoption of the minor female
child namely Isabella, Date of Birth (DOB) – 20.12.2019.
2. Heard petitioners and advocate for the petitioners. Persued the
record.
3. Identity and address proof of petitioners and copetitioner, Birth
documents of child to be adopted issued by Rajawadi Municipal General
Hospital of MCGM, Mumbai, Marriage Certificate of petitioners,
notarized Adoption Deed of the child, Affidavit cum – Declaration
dated 03.01.2019 of the copetitioner in support of adoption, joint
photograph of petitioners along with their two sons & child to be
adopted and other documents are filed on record.
4. It seems that petitioners are husband and wife. Their marriage
took place on 03.02.1991. They are having two sons namely Glenn
Mohan Williams, aged about 26 years and Melroy Mohan Williams,
aged about 31 years. Copetitioner was working as maid servant in the
house of petitioners. She was unmarried and having boy friend who
promised to marry her but later on run away. She became pregnant
and delivered a girl child i.e. child to be adopted on 20.12.2019 in
Rajawadi Hospital of MCGM, Mumbai. She was very fearful about
future of her child and talked with petitioners whether they will
maintain her child. As petitioners have no girl child, they decided to
adopt child of the copetitioner. Accordingly both parties executed
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Order ..3 Adoption Petition No.65/2022
notarized Adoption Deed on 03.01.2020 and petitioners given the name
“Isabella” to said child of the copetitioner. Since then child, Isabella is
residing with petitioners.
5. After adoption, copetitioner left the house of petitioners and her
whereabout is not known. Hence petitioners filed the present petition
to adopt said child legally. After filing the petition, petitioners sent
notice to the copetitioner on her last known address and also given
Public Notice in Newspaper, “Mumbai Lakshadeep” dated 16.04.2022
for appearance of the copetitioner before the Court on 30.04.2022 but
notice sent to the copetitioner is returned back and she also not
appeared before the Court on 30.04.2022.
6. Both sons of petitioners given their written consent / no obejction
in support of adoption of the child Isabella by their parents i.e.
petitioners. It appears that the child, Isabella is completely abadoned
by the copetitioner. Whereabouts of the copetitioner is not known.
7. Petitioners are Indian Nationals and residing at Mumabi on the
above address. They have also undertaken to upbring the said child as
thier own and to accord the same status, rights and privileges to the
child at par with the natural born child. Hence petitioners have jointly
preferred the present petition for obtaining adoption order.
8. It seems that petitioners are medically, physically and financially
sound. They are mentally alert and highly motivated to adopt the child.
Consent given by the petitioners are out of free will. Due consideration
is given to the wishes of the child having regard to the age and
understanding of the child. It does not appear that petitioners received
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Order ..4 Adoption Petition No.65/2022
any payment or reward in consideration relating to the proposed
adoption. Thus the conditions laid down in section 61(1) of the J. J. Act
are substantially complied with in this adoption case. Under the
circumstances, adoption of the minor female child, Isabella, Date of
Birth 20.12.2019 being for her welfare can be granted to the
petitioners and this is a good home for her. In the result, following
order
O R D E R
1) Adoption Petition No. 65 of 2022 is allowed.
2) Petitioners, Mohan Ramesh Williams and Maria Mohan Williams
are permitted to adopt the minor female child, Isabella, Date of
Birth – 20.12.2019 and they are declared as parents of the said
child for all purposes allowed by the law.
3) Concerned Birth Certificate Issuing Authority is directed to issue
Birth Certificate in the name of the minor female child, “Isabella”
bearing her Date of Birth as 20.12.2019 by showing name of
petitioners, Mohan Ramesh Williams and Maria Mohan Williams
as parents of the said child within 5 (Five) working days from the
date of application as provided in regulation 36 of the Adoption
Regulations on the basis of birth documents issued by Rajawadi
Municipal General Hospital of MCGM, Mumbai.
4) Petitioners shall obtain a certified copy of the adoption order
from the Court and furnish a copy of the same to the District
Child Protection Unit for online submission to the Authority.
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Order ..5 Adoption Petition No.65/2022
5) Adoption Petition No. 65 of 2022 is disposed of.
(Sunil T. Soor)
City Civil Judge, Gr. Mumbai
Date : 06.05.2022
Typed on : 06.05.2022
HHJ signed on : 06.05.2022
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Order ..6 Adoption Petition No.65/2022
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
DATE 06.05.2022, 2.30 p.m.
UPLOAD DATE AND TIME Mr. C. H. Vasudev
NAME OF TYPIST
Name of the Judge (With Court
Room No.2)
H.H.J. Shri. S. T. Soor
C.R.No.02
Date of Pronouncement of
JUDGMENT/ORDER
06.05.2022
JUDGMENT/ORDER signed by P.O.
on
06.05.2022
JUDGMENT/ORDER uploaded on 06.05.2022
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