Final Order 1

Order Details: Copy of Judgment
Pdf Text: Adopt.Pet.No.137/2019 ORDER : 1 :
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
ADOPTION PETITION NO.137 of 2019
In the matter of Juvenile Justice (Care
and Protection of Children) Act, 2015
Under Section 58(3) and 12(2) of
Adoption Regulations 2017 :
AND
In the matter of Adoption of Female
Minor SURAJ-alias-SAMARTH SUNIL
AWAGHAD inmate of Vatsalya Trust,
Kanjurmarg, Mumbai
Vatsalya Trust , Mumbai
Having their registered office at
Near Kanjur Marg Police Station
Kanjur (East), Mumbai 400042
Through its Authorised Signaory/Convener
Mrs.Nanda Sangode, Adult,
Occupation: Service .. Petitioner/Applicant
V e r s u s
1. Shri. Sunil Pandurang Awaghad (Deceased on 8.10.2019)
Aged 37 years, Occupation: Service
2. Mrs.Rukmini Sunil Awaghad
Aged 34 years, Occupation: Service
Both are Hindu of Indian Nationals
Permanently residing at- Gulmohar Colony,
Plot No.58, Devmali, Vidarbh Mill, Paratwada,
Taluka Achalpur, Dist.Amravati – 444805.
.. Proposed Adopters/
Co-petitioners.
Ld. Advocate Mrs.Aarti Kulkarni for Petitioner and Co-petitioner.
Mr.O.Hareendran representative of ICSW.
-- 1 of 8 --
Adopt.Pet.No.137/2019 ORDER : 2 :
CORAM : HIS HONOUR JUDGE
SHRI. M.M.UMAR
(Court Room No. 22)
DATE : 26th November, 2020.
ORDER
1. This is an adoption petition under the provisions of Juvenile
Justice (Care and protection of Children) Act, 2015. The petitioner
Vatsalya Trust- a Specialised recognized Adoption agency under Section
65 of Juvenile Justice (Care and Protection of 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 Vatsalya Trust is a recognized
institution, which is having the care and custody of child Suraj whose
date of birth is 27/8/2018 was relinquished by his biological mother
before Child Welfare Committee (CWC), Mumbai to the Care and
Custody of CWC, which has handed over the custody of said child to
the petitioner which is intending to give the said child to the co-
petitioners viz. Sunil Pandurang Awaghad and Mrs.Rukmini Sunil
Awaghad. It is contended that after following the due procedure of law
the said adoptive parents have 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 Suraj was surrendered
by his biological mother to CWC Mumbai, on 31/8/2018 and executed
-- 2 of 8 --
Adopt.Pet.No.137/2019 ORDER : 3 :
the surrender deed and relinquished her rights. Thereafter, considering
on various aspects CWC has declared the child legally free for adoption.
Free for Adoption Certificate is placed on record.
4. It is contended that prospective adoptive parents (co-petitioners)
are residing at Gulmohar Colony, Plot No.58, Devmali, Vidarbh Mill,
Paratwada, Taluka Achalpur, Dist.Amravati-444805. They are aged
about 37 and 34 years respectively. Their marriage was solomnized on
24/6/2012, but there is no biological child out of the said wedlock. It is
contended that they are well aware that the said child Suraj @ Samarth
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 Suraj @ Samarth. They are
ready and willing to take the said minor in adoption, which is for the
benefit of minor Suraj @ Samarth and for his wellbeing. Consequently,
the present petition is filed.
5. The petitioner Vatsalya Trust undertook an inquiry under Section
38 of the Juvenile Justice (Care and Protection of Children)Act, 2015
and declared minor Suraj @ Samarth legally free for adoption. A
certificate to that effect is placed on record, as stated above.
6. In so far as the adoptive parents are concerned as noted above
they are Indian Nationals residing at Gulmohar Colony, Plot No.58,
Devmali, Vidarbh Mill, Paratwada, Taluka Achalpur, Dist.Amravati-
444805. They were married on 24/6/2012. Their marriage certificate is
on record. They have no issue out of the said wedlock. Therefore, they
-- 3 of 8 --
Adopt.Pet.No.137/2019 ORDER : 4 :
have decided to adopt a child. They have placed on record a motivation
letter, interalia recording their thoughts in regard to adoption.
7. So far as, the adoptive father is concerned, he was working as a
Assistant Teacher at Prathmik Arshram School, Borala, Amravati since
27/8/2009 and his salary was Rs.35,321/- per month but during the
pendency of this petition he expired on 8/10/2019. Copy of his Death
Certificate is placed on record. Co-Petitioner no.2 is also working as
Assistant Teacher at Panchsheel Adivasi Ashram School, Bahiram-
Karanja, Dist.Amravati since 2005 and her monthly gross salary is
Rs.31,660/-. The co-petitioners have placed on record their Salary
Certificate and other relevant documents .
8. The medical report of the adoptive father and adoptive mother
placed on record from which it is clear that Co-petitioner No.1 was and
co-petitioner no.2 is 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 Petitioner Vatsalya Trust. There is Child Security
Undertaking dated 01/04/2019 which is given by Brother-in-law and
sister-in-law of co-petitioner no.1 residing at Belaj, Dist.Amravati to
look after the minor Suraj @ Samarth 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
-- 4 of 8 --
Adopt.Pet.No.137/2019 ORDER : 5 :
requirement in law is on record which states that they are ready to be
appointed or declared as adoptive parents of the minor Suraj @
Samarth.
11. There is pre-adoption Foster Care Undertaking of the adoptive
parents dated 16/4/2019, 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.
12. There is representation of Mr.O.Hareendran of Indian Counsil of
Social Welfare, Central Office Mumbai, dated 9/5/2019 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 on 5/7/2019 (before the death of Co-
petitioner No.1). 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-petitioner No.1 was and Co-petitioner No.2 is
emotionally attached with minor Suraj @ Samarth and they were
taking the care of him as their own child. At present minor Suraj is
under the custody and care of Co-petitioner no.2. 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 have heard to the adoptive mother(Co-petitioner No.2),
alongwith minor Suraj @ Samarth. I had brief interaction with her in
-- 5 of 8 --
Adopt.Pet.No.137/2019 ORDER : 6 :
my Chamber. She appears to be very happy with her decision to have
minor Suraj @ Samarth in adoption. I could see happiness of the
adoptive mother, who lost her husband during the pendency of this
petition.
15. It is pertinent to mention here that I have interviewed with Co-
petitioner No.2 in Chamber and I have gone through evidence on
record. I prima facie find that the Co-petitioner No.2 is highly
motivated and has a strong attachment to the child Suraj @ Samarth
who is in her custody. She has stated that she has a lot of love and
affection for the child and she has treated the child as her own. She has
stated before me that she is financially sound and her place of
residence is in Amravati, Maharashtra and she is in a position to take
care of all the needs of the child Suraj @ Samarth 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 Suraj @ Samarth
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.137/2019 is allowed.
2. It is declared that the co-Petitioner No.1 Mr.Sunil Pandurang
Awaghad and co-Petitioner No.2 Mrs.Rukmini Sunil Awaghad are the
adoptive father and mother respectively of the minor male child
Samarth and henceforth male child is the son of co-Petitioner No.1 and
2.
-- 6 of 8 --
Adopt.Pet.No.137/2019 ORDER : 7 :
3. The concerned Municipal authorities are directed to issue birth
certificate of Samarth who was born on 27/8/2018 showing the name
of co-Petitioner No.1 Mr.Sunil Pandurang Awaghad as father and co-
Petitioner No.2 Mrs.Rukmini Sunil Awaghad 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 Samarth Sunil Awaghad.
5. The co-petitioner No.2 is directed not to give minor Samarth in
adoption to any other person without previous permission of this Court.
6. Co-petitioner No.2 is permitted to move adoptive child Samarth
out of the jurisdiction of this Court.
7. Adoption Petition No.137/2019 is thus, disposed of accordingly.
Date : 26.11.2020 (M.M.UMAR)
Judge
City Civil Court, Gr. Bombay.
Dictated on : 26.11.2020
Typed on : 26.11.2020
Signed by HHJ. : 27.11.2020
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
27.11.2020 1.52 p.m. Mrs. Jyoti Mane
Name of the Judge HHJ Shri MM Umar (CR No.22)
Date of Pronouncement of
Judgment/Order.
26.11.2020
Judgment/order signed by P.O on 27.11.2020
Judgment/order uploaded on 27.11.2020
-- 7 of 8 --
Adopt.Pet.No.137/2019 ORDER : 8 :
-- 8 of 8 --