Final Order 1

Order Details: Other
Pdf Text: ..1
MHCC010046442020
Received on : 27.10.2020
Registered on : 23.11.2020
Decided on : 26.04.2021
Duration : 05 Months 30 Days.
IN THE CITY CIVIL COURT FOR GREATER MUMBAI
MISC./ADOPTION PETITION NO.81 OF 2020.
Vatsalya Trust, Mumbai
Having their registered office at
Near Kanjur Marg Police Station
Kanjur [East], Mumbai 400 042
Through its Social Worker Mrs.Prerana Gade.
Adult, occupation : Service. ...Petitioner
AND
1. Mr. Girish Bhagwan Gokhale.
Aged 41 years, Occupation : Service.
2. Mrs. Madhura Girish Gokhale.
Aged : 36 years, occupation: Housewife
Both are Hindu of Indian nationals,
Permanently residing at 903, Cedar,
Mahavir Kalpavruksha, Behind Hypercity,
Ghodbunder Road, Kasarvadavali,
Thane 400 615, Maharashtra State. ...Co-petitioners
/Adoptive Parents
.
Appearance
Advocate Aarati Kulkarni for petitioner/co-petitioners.
O. Hareendran, Scrutiny Officer, ICSW Mumbai.
CORAM : HIS HONOUR JUDGE
Sunil T. Soor
(Court No.: 2)
DATED : 26th April 2021.
-- 1 of 6 --
..2
O R D E R
This is a petition under section 58(3) of the Juvenile Justice
(Care and Protection of Children) Act, 2015 (2 of 2016) (in short “J.J.
Act”) read with regulation 12(2) of the Adoption Regulations in the
matter of adoption of the minor female child, Runali @ Hrunali born
on 24.09.2019.
2. On scrutinizing documents annexed with the petition, Scrutiny
Officer, O. Hareendran of the Indian Council of Social Welfare (ICSW),
Mumbai filed his report and submitted that adoption of the minor
female child Runali @ Hrunali can be granted to co-petitioners.
3. Advocate for the petitioner filed original Surrendered Deed of
the child and post follow up report of the child.
4. From the perusal of documents filed on record, it appears that
the petitioner is a registered Specialized Adoption Agency (SAA).
Proposed female minor Runali @ Hrunali was born on 24.09.2019 and
the biological mother surrendered her child before the CWC on
27.09.2019. Custody of the child was given to the petitioner institution
as per Order of Placement dated 27.09.2019 of the CWC, Mumbai. Then
the CWC, Mumbai issued an order dated 02.12.2019 declaring child
legally free for adoption.
5. The co-petitioners are prospective adoptive parents. They are
Indian Nationals residing at Kasarvadavali, Thane and both aged about
41 and 36 years respectively. Their marriage took place on 23.04.2008
but since 12 years of their marriage, they have no biological child.
Hence they are desirous of adopting the child. Their CARA on line
-- 2 of 6 --
..3
Registration No. is PrMa 92760201. Their Motivation Letter, Marriage
Registration Certificate & Joint family photograph is on record. Their
Medical report dated 07.03.2020 is on the record which states that they
do not suffer any contagious and chronic disease, they are fit to adopt a
child and their HIV and HBsAg Test reports are Negative.
6. Prospective adoptive father is working as Assit. Vice President-
BIU and Analytics with Tata Aia Life Insurance Ltd., Thane since
18.06.2019 and his gross monthly salary is Rs.1,65,113/-. His
Employment Certificate, Salary Slip and Tax Returns are on record.
Prospective adoptive mother is a Housewife. Identity and residential
proof of prospective adoptive parents are filed on record alongwith
other financial documents.
7. The Minutes of Adoption Committee as per Adoption
Regulations 2017 is on record. Committee decided that the proposed
adoptive parents have been considered suitable to adopt the child
Runali. Home Study Reports Part I- Self Assessment Report by the
prospective Adoptive Parents and Part II- Assessment Report by the
Social Worker of Vatsalya Trust, Mumbai (Home visit done on
30.06.2018) is on record. After all assessment, the Social Worker
recommended the prospective adoptive parents for adoption of female
child below the age of 2 years.
8. Medical Examination Report and Child Study Report of the
minor, Runali dated 29.02.2020 is on record and it states that his
overall development is normal. Prospective adoptive parents have
countersigned this Report.
-- 3 of 6 --
..4
9. Child Security Undertaking dated 06.03.2020 by the sister and
brother-in-law of the prospective adoptive father residing at Bengaluru,
Karnataka to look after the minor in case of any mishap to the
prospective adoptive parents is on record. Reference Letter from
acquaintances in support of this adoption is on record.
10. Pre-adoption Foster Care Undertaking dated 11.03.2020 is on
record. Undertaking of the prospective adoptive parents is on record.
The consent affidavit of the petitioner and co-petitioner in support of
the adoption is on record.
11. On scrutinizing the documents on the record, it is evident that
co-petitioners/ the adoptive parents are found eligible and suitable for
adoption as per the decisions of the Adoption Committee and as per the
criteria mentioned in section 57 of the J.J. Act and Regulation 5 of the
Adoption Regulations.
12. Co-petitioners are mentally, medically, physically and financially
sound to adopt the minor female child Runali @ Hrunali who born on
24.09.2019. Consent given by co-petitioners is free, without
consideration and is purely out of love and affections. Co-petitioners
have changed the name of Runali to Hrunali. Adoption of minor female
child Runali @ Hrunali born on 24.09.2019 being for her welfare can be
granted to co-petitioners and this is a good home for her. The giver and
taker(s) have no interest directly and indirectly adverse to that of the
child. Thus the conditions laid down in section 61(1) of the Juvenile
Justice Act are substantially complied in the case of proposed adoption.
In the result, following order.
-- 4 of 6 --
..5
O R D E R
1) Misc./Adoption Petition No.81 of 2020 is allowed.
2) Co-petitioners Girish Bhagwan Gokhale and Madhura Girish
Gokhale are permitted to adopt the minor female child “Runali @
Hrunali” having her date of birth 24.09.2019 and they are declared as
parents of the minor female child “Runali @ Hrunali” for all purposes
allowed by the law.
3) Concerned Municipal Authority is directed to issue Birth Certificate
of the minor female child, “Hrunali” having date of birth as 24.09.2019
and showing name of co-petitioners Girish Bhagwan Gokhale and
Madhura Girish Gokhale as parents of the said child within 5 working
days from the date of application as provided in regulation 36 of the
Adoption Regulations.
4) Co-petitioners shall pay Rs.2500/- to the Indian Council of Social
Welfare towards expenses.
5) Judge’s order is signed separately.
6) Misc. /Adoption Petition No.81 of 2020 is disposed of.
(Sunil T. Soor)
Judge,
City Civil Court, Gr. Mumbai.
Date : 26.04.2021
Typed on : 26.04.2021
HHJ signed on : 26.04.2021
-- 5 of 6 --
..6
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
DATE 26.04.2021, 2.30 p.m.
UPLOAD DATE AND TIME Mrs. V. N. Rajgole.
NAME OF STENOGRAPHER
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
26.04.2021
JUDGMENT/ORDER signed by P.O.
on
26.04.2021
JUDGMENT/ORDER uploaded on 26.04.2021
-- 6 of 6 --