Final Order 1

Order Details: Other
Pdf Text: Order ..1.. Adoption Petition No. 70/2022
MHCC010045872020
IN THE CITY CIVIL COURT FOR GREATER MUMBAI
ADOPTION PETITION NO. 70 OF 2022
1. Bhupesh Pratap Kamble.
Aged about 48 years, Occupation: Service.
2. Manasi Bhupesh Kamble.
Aged about 37 years, Occupation: House wife.
Both residing at
Plot No. 64, Room No. 11, Galli No. 06,
K. N. Gaikwad Marg, Siddharth Colony,
Chembur, Mumbai 400 071. ...Petitioners.
And
1. Kailash Bhaskar More.
Aged about 35 years, Occupation: Service,
2. Nisha Kailash More.
Aged about 32 years, Occupation: Service,
Both residing at
Room No. 13, Shree Balaji Vasant Chawl,
Baikum Pada no. 03, Thane (West). ...Copetitioners.
Appearance
Sachin Kamble, advocate for petitioners.
CORAM : HIS HONOUR JUDGE
Sunil T. Soor
(Court No.: 2)
DATED : 05th May, 2022.
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Order ..2.. Adoption Petition No. 70/2022
O R D E R
Present petition has been filed under the provisions of the Hindu
Adoptions and Maintenance Act, 1956 (HAMA) in the matter adoption
of the minor male child namely Vihan Kailash More (Date of Birth –
24.01.2018).
2. Perused the petition alongwith documents. Heard petitioners, co
petitioners and advocate for petitioners.
3. Identity and address proof of petitioners and copetitioners, Birth
Certificate of Vihan Kailash More (child to be adopted), Marriage
Certificate of petitioners, Consent Affidavit of petitioners and co
petitioners, joint photograph of petitioners along with child to be
adopted and other documents are filed on record.
4. After hearing the parties, their advocate and perusing the
documents on the record, it appears that petitioners are husband and
wife. Their marriage took place on 15.08.2003. Since then, they are
child less due to medical reasons. Hence they decided to adopt the
child. Copetitioners are also husband and wife. They are having three
children namely Bhavesh (Date of Birth – 05.06.2012), Manash (Date of
Birth – 19.102014) and Vihan (Date of Birth – 24.01.2018) i.e. child to
be adopted.
5 Petitioner no. 2 and copetitioner no. 2 are real sisters. As
petitioners are childless, they decided to adopt third child of co
petitioners. As copetitioners are unable to maintain their three children
properly, they decided to give their third male child namely Vihan in
adoption to petitioners. Accordingly copetitioners given their third
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Order ..3.. Adoption Petition No. 70/2022
child, Vihan in adoption to petitioners. Since birth the child, Vihan is
residing with petitioners. Child, Vihan is actually given and taken in
adoption by the parties. Hence present petition is filed to legalize
adoption of the male child, Vihan.
6. Thus it is evident that parties are Hindu by religion. Parties are
close relatives of each other. Both parties given their written consent in
support of adoption of the child, Vihan. It does not appear that givers
and takers received any remuneration in lieu of said adoption. Parties
are capable of giving and taking the child in adoption. Child, Vihan
Kailash More is below the age of 15 years hence he is capable of giving
in adoption. Adoption of the child is purely out of love and affection.
Proposed adoption is for the welfare of the child, Vihan Kailash More.
All requisite conditions for valid adoption as mentioned in section 5 to
11 of the HAMA are satisfied in the present case. In view of above facts,
circumstances and evidence on the record, petition is liable to be
allowed. In the result, this Court proceeds to pass the following order
O R D E R
1. Adoption Petition no. 70 of 2022 is allowed and disposed of.
2. Petitioners Bhupesh Pratap Kamble and Manasi Bhupesh Kamble
are declared as parents of the male child, Vihan Kailash More
(DOB 24.01.2018) for all purposes allowed by the law including
intestacy.
3. Concerned birth certificate issuing authority is directed to issue
birth certificate of the child, Vihan (DOB 24.01.2018) by deleting
name of copetitioners Kailash Bhaskar More and Nisha Kailash
More, and substituting name of petitioners Bhupesh Pratap
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Order ..4.. Adoption Petition No. 70/2022
Kamble and Manasi Bhupesh Kamble as parents of the said child
within 15 days from the date of application of the petitioner/s.
4. Petitioners are directed to register the Adoption Deed of the child
within 3 months from the date of this order.
(Sunil T. Soor)
Judge, City Civil Court, Gr. Mumbai
Dated : 05.05.2022
Typed on : 05.05.2022
HHJ signed on : 05.05.2022
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Order ..5.. Adoption Petition No. 70/2022
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
DATE 05.05.2022, 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
05.05.2022
JUDGMENT/ORDER signed by P.O.
on
05.05.2022
JUDGMENT/ORDER uploaded on 05.05.2022
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