Final Order 1

Order Details: Copy of Judgment
Pdf Text: Adopt.Pet.No.148/2019 ORDER : 1 :
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
ADOPTION PETITION NO.148 of 2019
In the matter of the Section 58(3) of
Juvenile Justice (care and protection of
children) Act 2015 (as amended)
r/w.Regulation 12(2) of the Adoption
Regulation.
AND
In the matter of Adoption of male minor
MANDAR @ MEET KALPESH
PRAJAPATI under the age 15 years an
inmate of WWTI Bal Anand, Sai Krupa
93,Ghatala Village, Chembur, Mumbai
400071.
WWTI Bal Anand, a registered society
having its registered address at Sai
Krupa 93, Ghatala Village,Chembur,
Mumbai 400071
Through its Social Worker Deepa Cheety
.. Petitioner/Applicant
AND
1. Kalpesh Bharatbhai Prajapati, Hindu
Aged 40 years, Occ: Service
2. Mrs.Ashwini Kalpesh Prajapati, Hindu,
Aged 36 years, Occ: Housewife
Both co-petitioners are Indian Inhabitant
residing at 29, Vishwakarma Society
near Anath Ashram- Katargam Road,
Surat 395004, Surat Gujrat.
.. Adoptive Parents/
Co-petitioners.
Ld. Advocate Mr.Sameer K.Sawant for Petitioner and Co-petitioner.
Mr.O.Hareendran representative of ICSW.
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Adopt.Pet.No.148/2019 ORDER : 2 :
CORAM : HIS HONOUR JUDGE
SHRI. M.M.UMAR
(Court Room No. 22)
DATE : 18th December, 2020.
ORDER
1. This is adoption petition under the provisions of Juvenile Justice
(Care and protection of Children) Act, 2015. The petitioner World
Children Welfare Trust India (WWTI) Bal Anand, is a Government
recognized child Welfare Orgnization under Section 65 of the Juvenile
Justice (Care and Protection of the 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 WWTI Bal Anand is the custodian
of male minor Mandar @ Meet whose date of birth is 02/10/2016 was
transferred from observation home to their Care and Custody by the
Child Welfare Committee, Mumbai and Bal Anand being the petitioner
is intending to give the said child to the co-petitioners viz. Kalpesh
Bharatbhai Prajapati and Mrs.Ashwini Kalpesh Prajapati. It is
contended that after following the due procedure of law the said
adoptive parents has 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.
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Adopt.Pet.No.148/2019 ORDER : 3 :
3. It is contended that the said minor child Mandar @ Meet was
placed before CWC Mumbai, on 20/12/2016 and after considering on
various aspects CWC has declared the child legally free for adoption on
31/12/2018.
4. It is contended that prospective adoptive parents (co-petitioners)
are residing at 29, Vishwakarma Society, near Anath Ashram Katargam
Road, Surat-395004, Gujrat. They are aged about 40 and 36 years
respectively. Their marriage was solomnized on 5/7/2003, out of said
wedlock they have one daughter by name Honey, who was born on
15/9/2009. It is contended that the petitioners is desirous to adopt a
male child to enlarge their family by adopting a son. It is contended
that they are well aware that the said child Mandar @ Meet is deprived
of physical and mental care, love and affection of the 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 Mandar @ Meet. They are ready and
willing to take the said minor in adoption, which is for the benefit of
minor Mandar @ Meet and for his wellbeing. Consequently, the present
petition is filed.
5. The petitioner WWTI Bal Anand/CWC undertook an inquiry
under Section 38 of the Juvenile Justice (Care and Protection of
Children) Act, 2015 and declared minor Mandar @ Meet legally free
for adoption. A certificate to that effect is placed on record.
6. In so far as the adoptive parents are concerned as noted above
they are Indian Nationals residing at Surat, Gujrat as stated above.
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Adopt.Pet.No.148/2019 ORDER : 4 :
They were married on 5/7/2003. Their marriage certificate is on
record. They have one daughter by name Honey, born out of the said
wedlock. Therefore, they have decided to adopt a male minor 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 is serving with
Shree Sai Calnates India Pvt.Ltd. and his gross salary is more than
Rs.38,000/- per month. The co-petitioner no.2 is the housewife. The
other relevant documents are also placed on record.
8. The medical report of the adoptive father and adoptive mother
placed on record from which it is clear that they are also 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 WWTI Bal Anand. There is Child Security Undertaking
dated 10/4/2019 which is given by Mr.Patel Prakash Dahyabhai and
Mrs.Seema Prakash Patil that in the event of petitioners unable to take
care of the child Mandar @ Meet, due to illness or unforeseen
eventuality or death, they will maintain, educate and take the care of
the said child Mandar @ Meet to best of their ability.
10. A joint consent and willingness of the adoptive parents as per the
requirement in law is on record which states that they are ready to be
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Adopt.Pet.No.148/2019 ORDER : 5 :
appointed or declared as adoptive parents of the minor Mandar @
Meet.
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 10/7/2019 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. 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-petitioners are emotionally
attached with minor Mandar @ Meet and they are taking the care of
him as their own child. 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 had heard to both the adoptive parents, alongwith minor
Mandar @ Meet. I had brief interaction with them in my Chamber.
They appear to be very happy with their decision to have minor
Mandar @ Meet in adoption. I could see happiness of both the adoptive
parents.
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Adopt.Pet.No.148/2019 ORDER : 6 :
15. It is pertinent to mention here that I have interviewed the
petitioners in Chamber and I have gone through their evidence on
record. I prima facie find that the petitioners are highly motivated and
have a strong attachment to the child Mandar @ Meet who is in their
custody. The petitioners have stated in one voice that they have a lot of
love and affection for the child and they have treated the child as their
own. They have stated before me that they are financially sound and
they have their place of residence in Surat, Gujrat, and are in a position
to take care of all the needs of the child Mandar @ Meet 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 Mandar @ Meet
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.148/19 is allowed.
2. It is declared that the co-Petitioner No.1 Mr.Kalpesh Bharatbhai
Prajapati and co-Petitioner No.2 Mrs.Ashwini Kalpesh Prajapati are the
adoptive father and mother respectively of the minor male child Meet
and henceforth child Meet is the Son of co-Petitioner No.1 and 2.
3. The concerned Municipal authorities are directed to issue birth
certificate of Meet who was born on 2/10/2016 showing the name of
co-Petitioner No.1 Mr.Kalpesh Bharatbhai Prajapati as father and co-
Petitioner No.2 Mrs.Ashwini Kalpesh Prajapati 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
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Adopt.Pet.No.148/2019 ORDER : 7 :
necessary documents in the name of Meet Kalpesh Prajapati.
5. The co-petitioners are directed not to give minor Meet in
adoption to any other person without previous permission of this Court.
6. The adoptive parents i.e. Co-petitioners are permitted to move
adoptive child Meet out of the jurisdiction of this Court.
7. Adoption Petition No.148/2019 is thus disposed of accordingly.
Date : 18.12.2020 (M.M.UMAR)
Judge
City Civil Court, Gr. Bombay.
Dictated on : 18.12.2020
Typed on : 18.12.2020
Signed by HHJ. : 18.12.2020
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
18.12.2020 3.45 p.m. Mrs. Jyoti Mane
Name of the Judge HHJ Shri MM Umar (CR No.22)
Date of Pronouncement of
Judgment/Order.
18.12.2020
Judgment/order signed by P.O on 18.12.2020
Judgment/order uploaded on 18.12.2020
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