Final Order 1

Order Details: Copy of Judgment
Pdf Text: Adopt.Pet.No.138/2019 Judgment : 1 :
IN THE SPECIAL COURT OF THE JUDGE UNDER THE SECURITIES
AND EXCHANGE BOARD OF INDIA ACT, 1992 AT BOMBAY
ADOPTION PETITION NO.138 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 the adoption of male
minor SAUMITRA-alias-SHARATH
CHANDRA inmate of Vatsalya Trust,
Kanurmarg, Mumbai.
VATSALYA TRUST, MUMBAI
Address at - Plot No.1285, Near Kanjur Marg
Police Station, Kanjur (East), Mumbai 400042
Through its Authorised Signatory/Convener
Mrs.Nanda Sangoda, Adult,
Occupation: Service ...Petitioner/Applicant
V e r s u s
1. Mr.Odeti Ravinder Reddy
Aged 44 years, Occupation: Farmer (Agruculture)
2. Mrs.Odeti Padma
Aged 42 years, Occupation Housewife
Both are Hindu of Indian Nationals,
Permanently residing at House No.: 2-10,
Village Bommapur, Mandal Mahadevpur,
Dist.Jayashankar, Bhupalpally,
Telangana 505504. .. Respondents
None for Petitoner and Co-petitioner.
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Adopt.Pet.No.138/2019 Judgment : 2 :
CORAM : HIS HONOUR SPECIAL JUDGE
SHRI. M.M.UMAR
SEBI SPECIAL COURT
(Court Room No. 22)
DATE : 17th July, 2020.
1. This is an adoption petition under the provisions of Juvenile
Justice (Care and protection of Children) Act 2015. The petitioner
Vastalya Trust, Mumbai, is recognized as Child Welfare Organization
and a recognized agency for adoption by State Government as well as
by Central Adoption Resource Authority (CARA), as described in para
no.1 of the Petition alongwith Mr.Odeti Ravinder Reddy, aged 44yrs.
and his wife Mrs.Odeti Padma, aged 42 yrs. (for short "Adoptive
Parents"), who are residents of House No.: 2-10, Village Bommapur,
Mandal Mahadevpur, Dist.Jayashankar, Bhupalpally, Telangana 505504,
are before the Court, claiming that male Child Saumitra @ Sharath
Chandra born on 25/12/2017 be given in adoption to the adoptive
parents.
2. In pursuance of order by Child Welfare Committee, minor
Sharath Chandra was placed in the safe custody of the
petitioner/Institution on 25/12/2017 for his care and further
rehabilitation as he was found abondoned by the Kanjur Marg Police
Station, Mumbai.
3. The Child Welfare Committee undertook an inquiry under
Section 38 of the Juvenile Justice (Care and Protection of Children)Act,
2015 and declared minor Saumitra @ Sharath Chandra legally free for
adoption. A certificate to that effect is placed on record.
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Adopt.Pet.No.138/2019 Judgment : 3 :
4. In so far as the adoptive parents are concerned as noted above
they are Indian Nationals residing at Bhupalpally, Telangana, they are
married on 13/5/1993. Their marriage certificate is on record. They
have no biological child of their own. They have placed on record a
motivation letter, interalia recording their thoughts in regard to
adoption.
5. So far as, the adoptive father is concerned, he is working as
farmer and his annual income is Rs.1,50,000/- and second petitioner is
Housewife. The other relevant documents is also placed on record.
6. 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.
7. 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 Vatsalya Trust, Mumbai. There is child security
Undertaking dated 25/3/2019 which is given by Mr.Challa Sambashiv
and Mrs.Challa Suvarna residing at 3-38, Suraram, Mahadevpur
Mandal, Jayashankar Bhupalpally, Telangana 505 504, they are brother
and Sister-in-law of the Petitioners, who intend to adopt a child from
Vastalya Trust, Mumbai, and they have undertook to take the care of
the minor child, Saumitra @ Sharath Chandra in case of any
unfortunate mishap to the adoptive parents.
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Adopt.Pet.No.138/2019 Judgment : 4 :
8. 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
appointed or declared as adoptive parents of the minor Saumitra @
Sharath Chandra.
9. There is pre-adoption Foster Care Undertaking of the adoptive
parents dated 4/3/2019, in pursuance to which it is informed that the
child in the Foster Care of the adoptive parents. The photographs of the
adoptive parents as of the minor child are placed on record.
10. There is representation of Mr.O.Hareendran of Indian Counsil of
Social Welfare, Central Office Mumbai, dated 7/5/2019 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. It is taken on record and marked Exhibit 2 for
identification.
11. I have heard to both the adoptive parents, alongwith minor
Saumitra @ Sharath Chandra. I had brief interaction with them. They
appear to be very happy with their decision to have minor Saumitra @
Sharath Chandra in adoption. I could see happiness of both the
adoptive parents .
12. Thus, considering above facts and circumstances I am of the
considered opinion that the reliefs as prayed for are required to be
granted . In the result following order:
O R D E R
1. Adoption Petition No.138/19 is allowed.
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Adopt.Pet.No.138/2019 Judgment : 5 :
2. The adoptive parents are permitted to take the said child in
adoption, and declared as parents and they have all parental legal
rights, privileges and responsibility over the said Saumitra @ Sharath
Chandra.
3. The adoptive parents are granted leave to remove said minor
Saumitra @ Sharath Chandra from the jurisdiction of this Court and to
take the said minor out of the jurisdiction of the Court, whenever it is
required.
4. The concerned Municipal authorities-Birth Certificate issuing
authority is directed to issue the birth certificate in the name of said
minor Saumitra @ Sharath Chandra born on 25/12/2017 and stating
therein that the co-petitioner Odeti Ravinder Reddy is the father and
Mrs.Odeti Padma is the mother of the said minor.
5. The co-petitioners are allowed to change the name of Saumitra
to Odeti Sharath Chandra born on 25/12/2017.
6. Judge's order separately signed.
7. The adoptive parents shall invest an amount of Rs.50,000/- in
the name of Master Odeti Sharath Chandra by way of Life Insurance
Policy having single premium, which could have maturity on the said
minor attaining majority.
8. The Life Insurance Policy be placed on record within 3 months
from today.
9. The adoptive parents are directed not to give minor Master Odeti
Sharath Chandra in adoption to any other person without the leave of
the Court.
10. Adoption Petition No.138/19 is disposed of accordingly.
Date : 17.07.2020 (M.M.UMAR)
SEBI Special Judge
City Civil & Sessions Court,
Gr. Bombay.
Dictated on : 17.07.2020
Typed on : 17.07.2020
Signed by HHJ. : 19.08.2020
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Adopt.Pet.No.138/2019 Judgment : 6 :
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
19.08.2020 1.00 p.m. Mrs. Jyoti Mane
Name of the Judge HHJ Shri MM Umar (CR No.22)
Date of Pronouncement of
Judgment/Order.
17.07.2020
Judgment/order signed by P.O on 19.08.2020
Judgment/order uploaded on 19.08.2020
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