Final Order 1

Order Details: Other
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MHCC010054212020
Received on : 07.12.2020
Registered on : 20.01.2021
Decided on : 26.04.2021
Duration : 04 Months 19 Days.
IN THE CITY CIVIL COURT FOR GREATER MUMBAI
MISC./ADOPTION PETITION NO.17 OF 2021.
Vatsalya Trust, Mumbai
Having their registered office at
Near Kanjur Marg Police Station
Kanjur [East], Mumbai 400 042
Through its Social Worker Mrs.Nanda Sangode. ...Petitioner
AND
1. Mr. Balasaheb Arjun Navale.
Aged 47 years, Occupation : Service.
2. Mrs. Ashatai Balasaheb Navale.
Aged : 38 years, occupation: Housewife
Both residing at Hivtad,
Tal: Atpadi, Sangali,
Maharashtra State. ...Co-petitioners
/Adoptive Parents
.
Appearance
Advocate Sangeeta Nagpal for petitioner/co-petitioners.
O. Hareendran, Scrutiny Officer, ICSW Mumbai.
CORAM : HIS HONOUR JUDGE
Sunil T. Soor
(Court No.: 2)
DATED : 26th April 2021.
O R D E R
This is a petition under section 58(3) of the Juvenile Justice
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(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 male child, Danish born on 31.03.2019.
2. On scrutinizing documents annexed with the petition, Scrutiny
Officer, O. Hareendran of the Indian Council of Social Welfare (ICSW),
Mumbai filed his report and submitted that adoption of the minor male
child Danish can be granted to co-petitioners.
3. Advocate for the petitioner filed original Surrendered Deed of
the child.
4. From the perusal of documents filed on record, it appears that
the petitioner is a registered Specialized Adoption Agency (SAA).
Proposed male minor Danish was born on 31.03.2019 and the biological
mother surrendered her child before the CWC on 05.04.2019. Custody
of the child was given to the petitioner institution as per Order of
Placement dated 05.04.2019 of the CWC, Mumbai. Then the CWC,
Mumbai issued an order dated 06.05.2019 declaring child legally free
for adoption.
5. The co-petitioners are prospective adoptive parents. They are
Indian Nationals residing at Hivtad, Tal: Atpadi, Sangali (Maharashtra)
and both aged about 47 and 38 years respectively. Their marriage took
place on 06.02.1998 but since 23 years of their marriage, they have no
biological child due to medical reasons. Hence they are desirous of
adopting the child. Their CARA on line Registration No. is PrMa
8889341 and registration date is 08.09.2017. Their Motivation Letter,
Marriage Registration Certificate & Joint family photograph is on
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record. Their Medical report dated 25.01.2020 is on the record which
states that they do not suffer any contagious and chronic disease, they
are fit to adopt a child and their HIV and HBsAg Test reports are Non-
Reactive.
6. Prospective adoptive father is a retired Army personnel and
presently working as Security Supervisor with Sinhgad College of
Engineering since 10.02.2014 and his gross monthly salary is
Rs.24,280/-. His Pay Slips and Form No.16 are on record. Prospective
adoptive mother is a Housewife. Identity and residential proof of
prospective adoptive parents are filed on record alongwith other
financial documents.
7. The Minutes of Adoption Committee dated 22.01.2020 as per
Adoption Regulations 2017 is on record. Committee decided that the
proposed adoptive parents have been considered suitable to adopt the
child Danish. Home Study Reports Part I- Self Assessment Report by the
prospective Adoptive Parents and Part II- Assessment Report by the
authorities of Bharatiya Samaj Seva Kendra, Sangali (Home visit done
on 28.03.2018) is on record. After all assessment, the Social Worker
recommended the prospective adoptive parents for adoption of male
child below the age of 2 years.
8. Medical Examination Report and Child Study Report of the
minor, Danish dated 03.01.2020 is on record and it states that his
overall development is normal. Prospective adoptive parents have
countersigned this Report.
9. Child Security Undertaking dated 23.01.2020 by the sister and
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brother-in-law of the prospective adoptive father residing at Wadgaon,
Pune to look after the minor in case of any mishap to the prospective
adoptive parents is on record. Reference Letter from acquaintances in
support of this adoption is on record.
10. Pre-adoption Foster Care Undertaking dated 23.01.2020 is on
record. Undertaking of the prospective adoptive parents is on record.
The consent affidavit of the petitioner and co-petitioner in support of
the adoption is on record.
11. On scrutinizing the documents on the record, it is evident that
co-petitioners/ the adoptive parents are found eligible and suitable for
adoption as per the decisions of the Adoption Committee and as per the
criteria mentioned in section 57 of the J.J. Act and Regulation 5 of the
Adoption Regulations.
12. Co-petitioners are mentally, medically, physically and financially
sound to adopt the minor male child Danish who born on 31.03.2019.
Consent given by co-petitioners is free, without consideration and is
purely out of love and affections. Adoption of minor male child Danish
born on 31.03.2019 being for his welfare can be granted to co-
petitioners and this is a good home for him. The giver and taker(s) have
no interest directly and indirectly adverse to that of the child. 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.
O R D E R
1) Misc./Adoption Petition No.17 of 2021 is allowed.
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2) Co-petitioners Balasaheb Arjun Navale and Ashatai Balasaheb
Navale are permitted to adopt the minor male child “Danish” having his
date of birth 31.03.2019 and they are declared as parents of the minor
male child “Danish” for all purposes allowed by the law.
3) Concerned Municipal Authority is directed to issue Birth Certificate
of the minor male child, “Danish” having date of birth as 31.03.2019
and showing name of co-petitioners Balasaheb Arjun Navale and
Ashatai Balasaheb Navale 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) Misc. /Adoption Petition No.17 of 2021 is disposed of.
(Sunil T. Soor)
Judge,
City Civil Court, Gr. Mumbai.
Date : 26.04.2021
Typed on : 26.04.2021
HHJ signed on : 26.04.2021
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
DATE 26.04.2021, 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
26.04.2021
JUDGMENT/ORDER signed by P.O.
on
26.04.2021
JUDGMENT/ORDER uploaded on 26.04.2021
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