Final Order 1

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IN THE BOMBAY CITY CIVIL COURT, AT GREATER BOMBAY
MISCELLENIOUS PETITION NO.332 OF 2017
In the matter of the Hindu Adoption &
Maintenance Act.
And
In the matter of the Adoption of Master
Alekhh minor child.
1. Mr.Hemchand Premji Shah
Age 66 years.
2. Harsha Hemchand Shah
Age 55 years,both Indian Inhabitant
Residing at:A/505,Sangita Hsg.
Socy.Ltd.Plot No.65,RSC50,
L.T.Road, Borivali(W),Mumbai91 ...Petitioner
V/s.
Dhara Sanjay Rathod
Nee Name Dhara Harish Shah
Age 29 years, Indian Inhabitant
Residing at :A/505,Sangita Hsg.
Socy.Ltd.Plot No.65,RSC50,
L.T.Road, Borivali(W),Mumbai91 ...Respondent
Ld.Advocate Ms.Neeta T.Gaikwad for Petitioners and Respondents.
CORAM: K.R.JOGLEKAR, ADHOC JUDGE,
(C.R.NO.34)
DATED: 03RD SEPTEMBER, 2018.
(DICTATED AND PRONOUNCED IN OPEN COURT)
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:ORAL ORDER:
This petition is under the provisions of Hindu Adoption and
Maintenance Act,1956 for adoption.
2. Master Alekhh biological son of Sanjay Kantilal Rathod Alias
Dhruv Kantilal Rathod and Mrs.Dhara Sanjay Rathod.
3. Petitioner nos.1 and 2 are the father and mother respectively of
respondents. Respondent got married with Sanjay Kantilal Rathod
Alias Dhruv Kantilal Rathod on 22/8/2007. From the said valid
wedlock, son by name Master Alekhh was born on 12/11/2008. Later
on marriage between respondent and Sanjay Kantilal Rathod is
dissolved as per decree of divorce by mutual consent by Bandra Family
Court No.4, at Mumbai on 18/1/2010. In the said consent decree,
consent term were filed at Exh7 in which as per consent term no.5, it is
agreed by Sanjay Kantilal Rathod i.e. husband of the respondent that
“5. In future petitioner wife will be at liberty to give son Alekhh in
adoption to any party she think appropriate. Respondent husband
has no objection for giving son in adoption by petitioner as such
and hereby gives his unconditional consent for the same.
Respondent further undertakes to this Hon'ble Court that he will
give his written consent and will sign all the papers and
proceedings if necessary in future for completing legal formality for
such adoption.” Thus certified copy of the consent decree has annexed
at ExhA with this petition.
4. The Petitioner nos.1 and 2 being grand father and grand mother
of Master Alekhh is desirous of taking the said child Master Alekhh in
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adoption. Accordingly, parties have executed notarized Deed of
Adoption on 7/10/2016 which is on record as ExhE. The custody of
the minor child is already handed over by the respondent to the
Petitioner nos.1 and 2 as adoptive parents on 7/10/2016. The
Petitioner no.1 is doing business and has produced his income
statement and Petitioner no.2 is running her own Beauty Parlour and
earning handsome income from the said business and they have their
annexed income proof at ExhF colly. Photograph of the petitioners
alongwith minor child is at ExhG. The Petitioner nos.1 and 2 both are
physically and mentally fit to that regard they have annexed their
medical certificates which are hereto annexed as ExhH colly to this
petition. They have also brought on record F.D. receipts showing they
have invested in the name of Master Alekhh for his future. Mishap
Certificate is also on record given by respondent alongwith consent
affidavit at ExhI colly. As per the said Mishap Certificate respondent
has undertaken to take care of the minor child in case of any mishap
happens with Petitioner nos.1 and 2. Medical certificate of minor child
Master Alekhh is already annexed at ExhD colly.
5. In support of the petition, both the Petitioners have filed joint
affidavit of evidence at Exh3 and respondent has filed affidavit of
evidence at Exh2.
6. Heard Ld.Advocate Ms.Neeta T.Gaikwad for Petitioners as well as
Respondents. From the perusal of record and proceedings, it is brought
on record that respondent was married with Sanjay Kantilal Rathod and
now she has obtained divorce from Competent Court by decree of
divorce by mutual consent. As per consent term no.5 in the said
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consent decree of divorce Sanjay Kantilal Rathod i.e. biological father of
the child by name Master Alekhh has given no objection to the
respondent to give in adoption of Master Alekhh as per her choice. It is
contended by respondent that, according to her, petitioners will be the
best persons who can guard interest and take proper care of the minor
child and therefore, she is willing to give in adoption her son to the
Petitioners and Petitioners are also desirous to take in adoption son of
Respondent. Already Deed of Adoption has been executed between the
parties on 7/10/2016 and custody of the minor child is already handed
over to the Petitioners on the same day by the respondents. It is also
brought on record since birth of the child, he has been looking after by
the Petitioners. Therefore, it will be just and proper to allow petition in
the best interest of the minor child.
ORDER
1. Adoption Petition No.332 of 2018 is allowed.
2. It is hereby declared that Petitioner Nos.1 and 2 are the adoptive
father and mother respectively of child by name Master Alekhh and
henceforth child Master Alekhh is the son of Petitioner Nos.1 and 2.
3. The concerned Municipal Authorities shall issue Birth Certificate
of Master Alekhh Hemchand Shah who born on 12/11/2008 showing
the name of Petitioner No.1 Hemchand Premji Shah as his father and
Petitioner No.2 Mrs.Harsha Hemchand Shah as his mother.
4. Adoption Petition is hereby disposed off.
Date:03/09/2018 K.R.JOGLEKAR
Addl.Sessions Judge,
City Civil & Sessions Court,
Gr.Bombay.
Dictated on :03/09/2018
Typed on :04/09/2018
H.H.J.signed on : 10/09/2018
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME :10/9/2018 5.30p.m.
NAME OF STENOGRAPHER : Mrs.P.P.Khanvilkar
NAME OF THE JUDGE HHJ SHRI.K.R.JOGLEKAR
Date of Pronouncement of Order 03/09/2018
Order signed by the P.O.on 10/09/2018
Order uploaded on 10/09/2018
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