Final Order 1

Order Details: Copy of Judgment
Pdf Text: Adopt.Pet.No.9/2020 ORDER : 1 :
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
ADOPTION PETITION NO.9 of 2020
In the matter of Section 6 of the Hindu
Adoption and Maintenance Act, 1956.
AND
In the matter of Guardian and Wards
Act, 1980
AND
In the matter of Adoption of Female
child SIDDHANI PARAG PATIL , Hindu,
aged about 9 years.
Mr.NILESH VASANT PATIL
Age about 47 years,Hindu, Indian inhabitant,
Occ: Agriculture residing MP Kelve
Bander Pakhadi, Tal.Palghar,
Dist.Palghar, Mumbai-401 401, Maharashtra .. Petitioner
A N D
MRS.PRANALI NILESH PATIL @
(MS.PRANALI VASAN KINI)
Age about 37 years, Occ:Housewife
Hindu, Indian Inhabitant, residing at
C/301, Mhatre Classic, Mhatre CHS Ltd.
LT Road Near Sukhsagar Hospital,
Dahisar (West),Mumbai 400068. .. Respondent
Ld. Advocate Ms.Padma Bhosale for Petitioner and Respondent.
CORAM : HIS HONOUR JUDGE
SHRI. M.M.UMAR
(Court Room No. 22)
DATE : 17th October, 2020.
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Adopt.Pet.No.9/2020 ORDER : 2 :
ORDER
1. The Petitioners Nilesh Vasant Patil has filed the present adoption
petition under Section 6 of the Hindu Adoption and Maintenance Act
1956, so also, under Guardian and Wards Act, 1980 in the matter of
Adoption of female Child Siddhanti Parag Patil, aged 9 years. The
Respondent Mrs.Pranali Nilesh Patil is the wife of the petitioner.
2. It is the contention of the petitioners that they are Hindu, sound
mind and capable to take the child in adoption. Their marriage was
solemnized on 28/4/2017 as per the Hindu Vedic rites. There is no
child born out of the said wedlock.
3. It is contended that the first marriage of the respondent was
solemnized with Mr.Parag Prabhakar Patil on 2/12/2008 and out of the
said wedlock there is one female child viz. Siddhanti Parag Patil, who
was born on 12/10/2009 at Mumbai. Therefore, Mr.Parag Patil and the
Respondent are the biological father and mother of the said child
Siddhanti Patil.
4. It is contended that the respondent has taken the divorce from
her husband Mr.Parag Patil by mutual consent on 25/3/2015 and she
got the custody of her daughter Siddhanti and it was agreed between
the respondent and her husband that she will have permanent custody
of their daughter Siddhanti. It is contended that Mr.Parag Patil also
agreed that he will have no objection if the name or surname of their
daughter Siddhanti is changed. It is contended that after dissolution of
the first marriage of the respondent, the petitioner has performed
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Adopt.Pet.No.9/2020 ORDER : 3 :
marriage with the respondent on 28/4/2017 as stated above. He is
taking the great care and maintaining and bringing up of the said child
Siddhanti. So also, the petitioner and respondent has performed the
Dattak Ceremony on 10/5/2017 as per Hindu Law and the
name/surname of the said female child has been changed from
Siddhanti Parag Patil to Siddhanti Nilesh Patil as mentioned in the
gazette.
5. It is contended that the said Siddhanti is studying in the 5th Class
in Sir J. P. International School at Palghar and her name in the school
record is registered as Siddhanti Nilesh Patil. The birth certificate
issued by BMC as Siddhanti Parag Patil and that the petitioner and
respondent want to change her name, to avoid problem in her
education in future.
6. It is contended that the petitioner is having own business of
plantation at Kelwa, Tal.Palghar and earns Rs.6 Lakhs per annum and
the petitioner has been taking the care and performing all the duties as
a father of Siddhanti. She is under the care, protection and bringing up
of the petitioner and respondent and the petitioner has undertaken to
provide best possible upbringing to the said child Siddhanti as his own
natural daughter. The respondent who is the biological mother of the
said child Siddhanti has given the consent to the adoption,
consequently, the present petition is filed.
7. The petitioner has filed birth certificate of Siddhanti, certified
copy of Decree passed in MA Petition No.326/2014, by Family Court at
Thane on 16/4/2015, Certificate of Marriage Registration dated
10/8/2018 between petitioner and respondent, Motivation letter,
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Adopt.Pet.No.9/2020 ORDER : 4 :
Government of Maharashtra Gazette showing the name of Siddhanti
Nilesh Patil, LIC Policy , List of Affidavit of one Mr.Ashish Vasant Kini
who has undertaken the responsibility of the said minor child Siddhanti
in the event of accident or unforeseen incidents with the petitioner and
respondent, that he will look after and maintain the said child
Siddhanti in all respects. The petitioner and respondent have also
produced their photographs alongwith Siddhanti and their Consent
Deed and Consent Affidavit and other relevant documents on record.
8. The petitioner has also filed the evidence affidavit and reiterated
the abovesaid facts, which are supported by the documentary evidence
on record as stated above. On perusal of the document, evidence and
after hearing the argument of the learned advocate for the petitioner
and Respondent, it appears that the petitioner is ready and willing to
take minor Siddhanti in adoption as his daughter and the biological
mother-Respondent who is the wife of the petitioner has also consented
for the same. Therefore, in the best interest of minor Siddhanti and for
her better future it will be just and proper to allow the petition as the
petitioner is fit to take the said Siddhanti in adoption as a father.
9. In the result, in view of the aforesaid discussion for the welfare
and wellbeing of minor Siddhanti, it is just and desirable to allow the
petition. In the result, following order:
O R D E R
1. Adoption Petition No.9/2020 is allowed.
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Adopt.Pet.No.9/2020 ORDER : 5 :
2. It is declared that the Petitioner Nilesh Vasant Patil is the
adoptive father of minor female child Siddhanti Parag Patil and
henceforth Siddhanti is the daughter of Petitioner.
3. The concerned Municipal authorities are directed to issue birth
certificate of Siddhanti who was born on 12/10/2009 showing the
name of Petitioner Mr.Nilesh Vasant Patil as her father and Respondent
Mrs.Pranali Nilesh Patil as her mother.
4. The petitioners are permitted to apply to the passport authorities
and all the Government/Semi Government authorities in respect of
issuance of passport, PAN Card, Aadhar Card and other necessary
documents in the name of Siddhanti Nilesh Patil.
5. Adoption Petition No.9/2020 is thus disposed of accordingly.
Date : 17.10.2020 (M.M.UMAR)
Judge
City Civil Court,
Gr. Bombay.
Dictated on : 17.10.2020
Typed on : 17.10.2020
Signed by HHJ. : 19.10.2020
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
19.10.2020 2.00 p.m. Mrs. Jyoti Mane
Name of the Judge HHJ Shri MM Umar (CR No.22)
Date of Pronouncement of
Judgment/Order.
17.10.2020
Judgment/order signed by P.O on 19.10.2020
Judgment/order uploaded on 19.10.2020
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