JItendra Raghunath Jadhav +1 moreVsNil

Date: 15-10-2020
Business: Adv.Mr.Sameer Sawant for the petitioner present.
Petitioner absent.
Issue notice to CWC. Case is adjd. for report to 28/10/20.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 28-10-2020

Date: 28-10-2020
Business: Court is on leave.
Next Purpose: REPORT
Next Hearing Date: 11-11-2020

Date: 11-11-2020
Business: Court is on leave
Next Purpose: REPORT
Next Hearing Date: 24-11-2020

Date: 24-11-2020
Business: Adv. Mr. Sameer Sawant for petitioner present.
Adv. Mr. Gawane on behalf of Adv. Ravindra Shinde for CWC present.
He has filed vakalatnama, TOR.
He has also filed the say, TOR.
Adv. Mr. Sawant has filed application for retain the custody of minor with the petitioner till the disposal of petition, TOR.
Order - CWC to say.
He has filed application for production of document.
Order - Production of document is allowed.
On the oral request of the advocate for CWC,
Matter adjd. to 25/11/2020 for Say/Reply and Hearing.
Next Purpose: REPLY
Next Hearing Date: 25-11-2020

Date: 25-11-2020
Business: Mr.Sameer Sawant for Petitioner present.
Adv. Mr.Gavhane for Respondent/CWC present.
He has filed pursis, TOR at Exhibit 5.
Order Below Exhibit 1
Heard to both the sides.
 Mr.Sameer Sawant for the petitioner has submitted that though the child is suffering from HIV Positive, the petitioners are taking her proper care since the custody of the child was handed over to the petitioners. Mr.Sawant has submitted that simply because the notice was issued by the CWC and asked to the petitioners to produce the child before it and that notice was not complied due to spread of Corona Virus, the petitioners cannot be deprived of custody of the child. Mr.Sawant has requested to direct the CWC not to take the custody of child from the petitioners till the petition is disposed of.
On the other hand Mr.Gavhane for CWC has submitted that the custody of the child was handed over to the petitioner as a Foster Care for period of 3 months and thereafter the custody of child with the petitioner is illegal. Mr.Gavhane has submitted that the petitioners be directed to surrender the child to CWC.
I have duly considered the above submissions of both the side. There is no dispute that the said female child is placed in the Foster care of petitioner after declaring that the child is free for adoption. Admittedly, the petitioners are taking the care of said child, though she is suffering from HIV Positive. The parties have to lead their evidence. In these circumstances it will be just and proper not to deprive the custody of the female child from the petitioners, till further order. In the result following order
ORDER
1. The petitioners are directed to retain the custody of the said female child, and to take her care properly, till further order.
2. The parties are directed to produce their evidence if any right from the next date.
3. The CWC is at liberty to depute its officer for the inspection of Foster Family, once in a 15 days.
4. The petitioners are directed to submit all relevant documents regarding the medical treatment of the said female child to CWC, at earliest.
On the oral request of the parties authenticate copy of this order be supplied to both the sides.
Matter is adjd. to 16/12/2020 for Hearing/evidence.
Next Purpose: HEARING
Next Hearing Date: 16-12-2020

Date: 16-12-2020
Business: Adv.  Mr. Sameer Sawant for petitioner and co-petitioner
Petitioner  no. 2 Mrs. Janvi Jindra Jadhav is present. and Co-petitioner
Adv. for petitioner has field evidence affidavit of petitioner no. 2 taken on record marked exh. 06.
He also field list of document .
None is  present from CWEC
Matter adjd. for hearing and direction on 05/01/2021.
                                                                               Judge
Next Purpose: HEARING
Next Hearing Date: 05-01-2021

Date: 05-01-2021
Business: Adv. Mr. S.S. Gawhane for CWC Jalna present.
No party present.
None present for CWEC.
Matter is adjd to 	9.2.2021 for hearing/direction.
Later on-
Adv. Mr. Sameer Sawant for Petitioner present.
Next Purpose: HEARING
Next Hearing Date: 09-02-2021

Date: 09-02-2021
Business: None present.
KB
Petitioner no. 1 and 2 present.
None present for custodial.
Adv. Mr. Sameer Sawant for petitioner present.
Exh. 8 evidence affidavit of petitioner no. 1 Jitendra filed.
Exh. 9 List of documents alongwith list filed.
Petitioner is directed to show how this court has territorial jurisdiction to try this petition. The petitioners sought adjournment. O- short adjournment granted.
(This petition is pending for more than two months and requires expeditious hearing).
Matter is adjd to 11.2.2021 for hearing on territorial jurisdiction point.
Next Purpose: HEARING
Next Hearing Date: 11-02-2021

Date: 11-02-2021
Business: Clause (2) of Rule 46 of the Juvenile Justice (Care and Protection of Children) Model Rules, 2016 prohibits uploading at any information or Court order regarding adoption disclosing the identity at the child. Therefore, the order passed in this matter is not uploaded.
Next Purpose: JUDGMENT
Next Hearing Date: 17-02-2021

Date: 17-02-2021
Business: Clause (2) of Rule 46 of the Juvenile Justice (Care and Protection of Children) Model Rules, 2016 prohibits uploading at any information or Court order regarding adoption disclosing the identity at the child. Therefore, the order passed in this matter is not uploaded.
Nature Of Disposal: DISMISSED
Disposal Date: 17-02-2021

Filing Number: 104748/2020
Filing Date: 30-09-2020
First Hearing Date: 15th October 2020
Decision Date: 17th February 2021
Court Number And Judge: 22-COURT 22 ADDITIONAL SESSIONS JUDGE