Final Order 1

Order Details: Other
Pdf Text: Order ..1 Adoption Petition No.163/2019
MHCC010047912019
Presented on : 03.05.2019
Registered on:06.07.2019
Decided on : 23.06.2021
Duration : 02 Y, 01 M, 20 D
IN THE CITY CIVIL COURT FOR GREATER MUMBAI
ADOPTION PETITION NO.163 OF 2019
1. Mr. Vaibhav S/o Mohan Suryavanshi.
Aged about : 33 years, Occ: Service,
2. Mrs. Bhavana W/o Vaibhav Suryavanshi
Aged about : 31 years, Occ: Service,
Both R/o Flat No.601, Ranjana Heights,
Nardas Nagar, Bhandup (West),
Mumbai – 400 078. ...Petitioners/Adopting parents
AND
1. Mrs. Varsha W/o Yatin Shinde.
Aged about : 31 years, Occ: Housewife,
Present R/o Flat No.601, Ranjana Heights,
Nardas Nagar, Bhandup (West),
Mumbai – 400 078.
2. Mr. Yatin S. Shinde
Aged about 41 years, Occ: Service,
R/o 301, Panchratna CHS,
Nagardas Road, Andheri (East),
Mumbai – 400 069. ..Copetitioners/Biological Parents.
Appearance
Advocate Martha D'souza for petitioners.
CORAM : HIS HONOUR JUDGE
Sunil T. Soor
(Court No.: 2)
DATED : 23rd Day of June 2021.
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Order ..2 Adoption Petition No.163/2019
O R D E R
Present petition has been filed under section 56 of the Juvenile
Justice (Care and Protection of Children) Act, 2015 (“J. J. Act”) read
with regulation 52(4) and 55(2) of the Adoption Regulations 2017
seeking adoption order in the matter of adoption of the minor male
child namely Ved @ Vedang, Date of Birth (DOB) - 29.05.2014.
2. Heard advocate for petitioner/co-petitioners. Perused the record.
3. It seems that petitioners are husband and wife. Their marriage
took place on 17.03.2015 at Dombivali (East), Thane. They have their
own son by name Saatvik aged about 1 year 9 months. Petitioners are
resident of Mumbai. They are in the private service.
4. Co-petitioner no.1 and co-petitioner no.2 were husband and wife.
Their marriage was took place on 30.11.2012. Adoptive child namely
Ved Yatin Shinde is son of co-petitioners. He born on 29.05.2014. Due
to differences between co-petitioners, their marriage was dissolved by
mutual consent vide Judgement dated 27.11.2015 passed by the Family
Court at Bandra, Mumbai in Petition No.F-1185/2015. It was agreed
between the co-petitioners that custody of the minor child, Ved shall
remain with co-petitioner no.1. Co-petitioner no.2 did not prefer any
appeal or revision against said judgment.
5. Co-petitioner no.1 is sister of petitioner no.1. Petitioners are
matternal uncle and aunt of the adoptive child, Ved. Co-petitioner no.1
and the child, Vedang are residing with the petitioners. Co-petitioner
no.1 is desirous of sharing the legal relationship of her child with
petitioners. Petitioners are also desirous of adopting a child, Ved. No
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Order ..3 Adoption Petition No.163/2019
litigation for custody of the adoptive child is pending before any Court.
Petitioners wants to change the name of the child Ved to Vendang.
6. Petitioners filed on record their Marriage Certificate, School
Leaving Certificates, residential and income proof, Reference Certificate
and Motivation Letters to adopt the child, their medical reports and
medical report of the child stating that their HIV test are negative, Birth
Certificate of the child Ved, Marriage Registration Certificate of co-
petitioners, copy of judgment dated 27.11.2015 in divorce Petition No.F-
1185/2015, their consent affidavits as well as consent affidavits of co-
petitioners, Mishap Certificate of their family friends namely Pradeep Z.
Chitte and Mrs. Dimple Pradeep Chitte to take responsibility of the
adoptive child in case of any mishap to petitioners.
7. It seems that petitioners are medically, physically and financially
sound. They are mentally alert and highly motivated to adopt the child.
8. Consent given by the petitioners and co-petitioners are out of free
will. Due consideration is given to the wishes of the child having regard
to the age and understanding of the child. It does not appear that givers
and takers received any payment or reward in consideration relating to
the proposed adoption. Givers and takers have no interest, directly or
indirectly, adverse to that of the child to be adopted. Thus the
conditions laid down in section 61(1) of the J. J. Act are substantially
complied with in this adoption case. Under the circumstances, adoption
of the minor male child, Ved (old name) @ Vedang (new name), Date of
Birth - 29.05.2014 being for his welfare can be granted to the
petitioners and this is a good home for him. In the result, following
order -
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Order ..4 Adoption Petition No.163/2019
O R D E R
1) Adoption Petition No. 163 of 2019 is allowed.
2) Petitioners, Mr. Vaibhav S/o Mohan Suryavanshi and Mrs. Bhavana
W/o Vaibhav Suryavanshi are permitted to adopt the minor male child
“Ved @ Vedang” having Date of Birth 29.05.2014 and they are declared
as parents of the said child for all purposes allowed by the law.
3) Concerned Birth Certificate Issuing Authority is directed to issue
Birth Certificate in the name of the minor male child, “Vedang” bearing
his Date of Birth as 29.05.2014 and showing name of petitioners as
parents of the said child within 5 (Five) working days from the date of
application as provided in regulation 36 of the Adoption Regulations.
4) Judge’s order is signed separately.
5) Adoption Petition No.163 of 2019 is disposed of.
(Sunil T. Soor)
Judge,
City Civil Court , Gr. Mumbai
Date : 23.06.2021
Typed on : 23.06.2021
HHJ signed on : 23.06.2021
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Order ..5 Adoption Petition No.163/2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
DATE 23.06.2021, 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
23.06.2021
JUDGMENT/ORDER signed by P.O.
on
23.06.2021
JUDGMENT/ORDER uploaded on 23.06.2021
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