Final Order 1

Order Details: Other
Pdf Text: Order ..1 Adoption Petition No.31/2021
MHCC010050312020
Presented on : 11.11.2020
Registered on : 01.02.2021
Decided on : 09.07.2021
Duration : 07 Months 28 Days.
IN THE CITY CIVIL COURT FOR GREATER MUMBAI
ADOPTION PETITION NO.31 OF 2021
Vatsalya Trust, Mumbai
Address - Plot No.1285, Near Kanjur Marg
Police Station, Kanjur (East), Mumbia 400042
through its Social Worker, Mrs. Nanda Sangode. ...Petitioner
AND
1. Shri. Narendula Srinivas.
Age: 46 years, Occupation: Business,
2. Mrs. Kavitha Chitimalla.
Age: 40 years, Occupation: Practicing Lawyer,
Both R/o. H.No./Flat No.201,
Vinuthna Residency, HMT Officers Colony,
Old Alwal, Secundarabad 500010. ..Copetitioners/Prospective
Adoptive Parents
Sangeeta Nagpal, Advocate for the petitioner/ Co-petitioners.
CORAM : HIS HONOUR JUDGE
Sunil T. Soor
(Court No.: 2)
DATED : 09th July, 2021.
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Order ..2 Adoption Petition No.31/2021
O R D E R
Present petition has been filed under section 58(3) of the Juvenile
Justice (Care and Protection of Children) Act, 2015 (“J. J. Act”) read
with regulation 12(2) of the Adoption Regulations 2017 seeking
adoption order in the matter of adoption of the minor female child
namely Sarvangi @ Ananya, Date of Birth (DOB) - 03.06.2019.
2. Co-petitioners and Scrutiny Officer, O. Hareendran of the Indian
Council of Social Welfare (ICSW), Mumbai absent due to present Covid-
19 pandemic situation. In addition to documents annexed with the
petition, advocate for the petitioner filed on the record, Surrender Deed
of the child. Scrutiny Report issued by the Scrutiny Officer, O.
Hareendran of ICSW, Mumbai is also filed on record stating that
adoption of the minor female child, Sarvangi can be granted to co-
petitioners.
3. Heard advocate for the petitioner / co-petitioners. Perused the
record.
4. It seems that the petitioner institution is a recognised Specialized
Adoption Agency (SAA) under section 65 of the J.J. Act by the State
Government of Maharashtra for rehabilitating orphan, abandoned and
surrendered children through adoption in accordance with the
provisions of the J. J. Act and Adoption Regulations. Co-petitioners are
Prospective Adoptive Parents (PAPs).
5. Petitioner institution is having the care and custody of the child,
Sarvangi (female, Date of Birth – 03.06.2019). On 16.08.2019, the
Child Welfare Committee (CWC), Mankhurd, District - Mumbai declared
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Order ..3 Adoption Petition No.31/2021
the said child Legally Free for Adoption after making inquiry under
section 38 of the J. J. Act and the said child is registered in the Child
Adoption Resource Information and Guidance System (CARINGS) for
the purpose of adoption as envisaged under section 56(1) of the J. J.
Act.
6. PAPs are resident Indians both aged about 46 years and 40 years
respectively. They are Indian Nationals residing at Secundarabad
(Telangana State). Their marriage took place on 08.04.2012. Since 8
years of marriage, they are issueless due to medical reasons. Hence
being desirous to adopt a child, they registered in the CARINGS with
the Registration No.PrTe90469165 dated 20.12.2017. Adoption
Committee found co-petitioners eligible and suitable to adopt the above
named child as per the criteria mentioned in section 57 of the J. J. Act
and regulation 5 of the Adoption Regulations based upon their Home
Study Report (HSR) dated 03.01.2018.
7. Above named child has been referred to the PAPs online through
CARINGS and has been accepted by the PAPs by signing the Child Study
Report dated 05.02.2020 and Medical Examination Report dated
21.12.2019 of the child. After executing a Pre-adoption Foster
Undertaking as per the provisions of section 58(3) of the J. J. Act and
regulation 11(1) of the Adoption Regulations, the child has been given
in pre-adoption foster care to the PAPs. PAPs have undertaken in the
said Pre-adoption Foster Undertaking that they will allow the concerned
social worker to visit their home for undertaking post-adoption follow
up to ascertain the progress and well being of the child in the adoptive
family as envisaged under section 58(5) of the J. J. Act.
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Order ..4 Adoption Petition No.31/2021
8. The PAPs have further undertaken to inform any change in the
place of their residence to the petitioner institution and the Court for
the purpose of post-adoption follow up. They have also undertaken to
up-bring the said child as thier own and to accord the same status,
rights and privileges to the child at par with the natural born child as
provided in the Pre-adoption Foster Undertaking.
9. After overall consideration, the petitioner institution have decided
to give the minor female child, Sarvangi (DOB - 03.06.2019) in
adoption to the PAPs/co-petitioners as per decision of the Adoption
Committee. Hence the petitioner and co-petitioners have jointly
preferred the present petition for obtaining adoption order.
10. It further seems that co-petitioners are medically, physically and
financially sound. They are mentally alert and highly motivated to
adopt the child.
11. Consent given by the petitioner 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 giver
and takers received any payment or reward in consideration relating to
the proposed adoption. Thus the conditions laid down in section 61(1)
of the J. J. Act are substantially complied with in this adoption case.
12. Under the circumstances, adoption of the minor female child,
Sarvangi (old name) @ Ananya (new name), Date of Birth -
03.06.2019 being for her welfare can be granted to the co-petitioners
and this is a good home for her. In the result, following order -
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Order ..5 Adoption Petition No.31/2021
O R D E R
1) Adoption Petition No. 31 of 2021 is allowed.
2) Co-petitioners, Shri. Narendula Srinivas and Mrs. Kavitha
Chitimalla are permitted to adopt the minor female child, Sarvangi (old
name) @ Ananya (new name), Date of Birth – 03.06.2019 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 female child, “Ananya”
bearing her Date of Birth as 03.06.2019 and showing name of co-
petitioners, Shri. Narendula Srinivas and Mrs. Kavitha Chitimalla 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) Co-petitioners do pay Rs.2500/- to the Indian Council of Social
Welfare towards expenses.
5) Judge’s order is signed separately.
6) Adoption Petition No.31 of 2021 is disposed of.
(Sunil T. Soor)
City Civil Judge, Gr. Mumbai
Date : 09.07.2021
Typed on : 09.07.2021
HHJ signed on : 09.07.2021
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Order ..6 Adoption Petition No.31/2021
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
DATE 09.07.2021, 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
09.07.2021
JUDGMENT/ORDER signed by P.O.
on
09.07.2021
JUDGMENT/ORDER uploaded on 09.07.2021
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