Final Order 1

Order Details: Other
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MHCC010050582020
Received on : 11.11.2020
Registered on : 04.01.2021
Decided on : 31.03.2021
Duration : 04 Months 20 Days
IN THE CITY CIVIL COURT FOR GREATER MUMBAI
ADOPTION PETITION NO.2 OF 2021
Vatsalya Trust, Mumbai
Add: Plot No.1285, Near Kanjur Marg
Police Station, Kanjur (East), Mumbia 400042
through its Authorised Signatory/Convener
Mrs. Prerna Gade, Adult,
Occ: Service. ...Petitioner/Applicant.
AND
1. Vinod V.P. S/o Prabhakaran
Aged 36 years, Occ: Service,
2. Sunitha K. W/o Vinod V.P.
Aged 34 years, Occ: Housewife,
Both are Hindu of Indian Nationals,
Permanently residing at Snehalayam
Kunnamkad, Moolamcode Post, Alathur
Thaluk, Palakkad 678 684. ...Co-petitioners
/Adoptive Parents
Appearance
Advocate Aarti Kulkarni for the petitioner.
O. Hareendran, Scrutiny Officer, ICSW Mumbai.
CORAM : HIS HONOUR JUDGE
Sunil T. Soor
(Court No.: 2)
DATED : 31st March 2021.
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O R D E R
Present petition is 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, Shubhra @ Aanviya
having her date of birth 13.11.2019.
2. On scrutinizing documents annexed with the petition, Scrutiny
Officer, O. Hareendran of the Indian Council of Social Welfare (ICSW),
Mumbai filed his report stating that adoption of the minor female child,
Shubhra @ Aanviya can be granted to the co-petitioners.
3. Advocate for the petitioner filed original Surrender Deed of the
child.
4. Heard co-petitioners, Scrutiny Officer O. Hareendran and
advocate for the petitioner. Perused the record.
5. From the perusal of documents filed on the record, it appears
that the petitioner institution is a Specialized Adoption Agency (SAA)
and co-petitioners are Prospective Adoptive Parents.
6. Proposed female minor Shubhra was born on 13.11.2019.
Biological mother surrendered her child before Child Welfare
Committee, Mumbai suburban District on 18.11.2019 and the custody
was given to the Petitioner institution as per the Placement Order dated
18.11.2019 of the said CWC under section 36 of the J.J. Act.
7. After making due inquiry under section 38 of the J.J. Act, the
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CWC, Mumbai declared the proposed minor Shubhra “Legally Free for
Adoption” on 20.01.2020.
8. Co-petitioners are residing at Palakkad, Kerala aged about 36
and 24 years respectively. Their marriage took place on 01/02/2016.
Since past 4 years of their marriage, they have no biological children.
Hence they are desirous to adopt a child. They have registered with
CARA having Registration No. PrKe 99899290.
9. The Certificate of Registration of Marriage & Joint family
photograph is on record. Motivation Letter from the Prospective
Adoptive Parents is on record. Adoption Committee Minutes as per
Adoption Regulations 2017 is on record and the Committee decided
that the proposed adoptive parents have been considered suitable to
adopt the child Shubhra born on 13.11.2019. Health report dated
12.09.2020 of the adoptive parents is on record and it states “They are
fit to adopt a child”. Their HIV and AbsAg Test reports are Non Reactive.
10. Co-petitioner no.1 is working as a Senior Associate (Customer
Support & SAL) with State Bank of India and his monthly gross salary is
Rs.68,134.14/- His Appointment order, confirmation letter, pay slips
and Income Tax Return are on record. His wife is a Homemaker. Their
PAN & Aadhar card copies and supportive financial documents are on
record .
11. Home Study Report Part I: Self Assessment Report by the
Prospective Adoptive Parents and Part II Assessment by the Social
Worker of Ananda Bhavan, Malampuzha, Palakkad, Kerala (Home visit
done on 09.03.2018) is on the record and it states that the prospective
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adoptive parents are emotionally equipped and matured in character
and eagerly waiting for the day of adoption. They are financially and
emotionally strong and happy. After all assessment, the social worker
recommended the prospective adoptive parents for adoption of child.
12. The Child Security Undertaking dated 06.10.2020 by the brother
and sister in law of co-petitioner no.1 residing at Alathur, Palakkad to
look after the minor in case of any mishap to the co-petitioner is on the
record. Reference letter from acquaintance in support of this adoption is
on the record. Pre-adoption foster care undertaking dated 06.10.2020 is
on the record. Consent affidavits of the petitioner and co-petitioners
are on the record. Undertaking dated 06.10.2020 by the authorities of
Ananda Bhavan, Malampuzha, Palakkad, Kerala for furnishing Post
Adoption Follow Up reports is on the record.
13. Co-petitioners are medically, physically, financially sound and
mentally alert and highly motivated to adopt the minor female child
Shubhra @ Aanviya who born on 13.11.2019. Consent given by co-
petitioners is free and is purely out of love and affections. Adoption of
minor female child Shubhra @ Aanviya born on 13.11.2019 being for
her welfare, can be granted to co-petitioners and this is a good home for
her. 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 taker/s received any payment or reward in consideration relating to
the proposed adoption. 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.
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O R D E R
1) Adoption Petition No.2 of 2021 is allowed.
2) Co-petitioners Vinod V.P. S/o Prabhakaran and Sunitha K. W/o
Vinod V.P. are permitted to adopt the minor female child “Shubhra @
Aanviya” having her date of birth 13.11.2019 and they are declared as
parents of the minor female child “Shubhra @ Aanviya” for all purposes
allowed by the law.
3) Concerned Municipal Authority is directed to issue Birth Certificate
of the minor female child, “Aanviya” having date of birth as 13.11.2019
and showing name of co-petitioners Vinod V.P. S/o Prabhakaran and
Sunitha K. W/o Vinod V.P. 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) Adoption Petition No.2 of 2021 is disposed of.
(Sunil T. Soor)
Judge
Date : 31.03.2021 Gr. Mumbai.
Typed on : 31.03.2021
HHJ signed on : 31.03.2021
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
DATE 31.03.2021, 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
31.03.2021
JUDGMENT/ORDER signed by P.O.
on
31.03.2021
JUDGMENT/ORDER uploaded on 31.03.2021
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