Final Order 1

Order Details: Copy of Judgment
Pdf Text: Adopt.Pet.No.167/2019 Judgment : 1 :
MHCC010067032019
IN THE SPECIAL COURT OF THE JUDGE UNDER THE SECURITIES
AND EXCHANGE BOARD OF INDIA ACT, 1992 AT BOMBAY
ADOPTION PETITION NO.167 of 2019
In the matter of Section 58(3) of
Juvenile Justice Act 2015
AND
In the matter of Adoption of Baby
PRACHITI alias MYRA inmate of
Vatsalya Trust, having its address near
Kanjur Marg Police Station, Kanjur
(East), Mumbai 400042.
VATSALYA TRUST, MUMBAI
Having their registered office at
Near Kanjur Marg Police station
Kanjur (East), Mumbai 400042
Through its Sr.Social Worker
Mrs.Nanda Sangode .. Petitioner/Applicant
Versus
1. Shri.Jignesh Jitendra Trivedi
Adult Indian Inhabitant Age: 40 years
Occupation : Service
2. Mrs.Namrata Jignesh Trivedi
Adult Indian Inhabitant Age :38 years
Occupation : Service
Both residing at A2/1003,
Margosa Heights Mohammadwadi,
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Adopt.Pet.No.167/2019 Judgment : 2 :
Pune- 411060. .. Proposed Adopters/
Co-Petitioners
Ld. Advocate Ms.Sangeeta Nagpal for Petitioner and Co-petitioner.
Mr.Hareendran representative of Indian Counsil of Social Welfare
present.
CORAM : HIS HONOUR SPECIAL JUDGE
SHRI. M.M.UMAR
SEBI SPECIAL COURT
(Court Room No. 22)
DATE : 5th March, 2020.
JUDGMENT
1. This is adoption petition under the provisions of Juvenile Justice
(Care and protection of Children) Act 2015. The petitioner Vastalya
Trust, Mumbai, is recognized as Child Welfare Organization and a
recognized agency for adoption by State Government as well as by
Central Adoption Resource Authority (CARA), as described in para no.1
of the Petition alongwith Mr.Jignesh Jitendra Trivedi, aged 40yrs. and
his wife Mrs.Namrata Jignesh Trivedi aged 38 yrs. (for short "Adoptive
Parents"), who are residents of A-2, 1003, Margosa Heights,
Mohammedwadi, Pune-411060 are before the Court, claiming that
female Child Prachiti @ Myra born on 24/6/2018 be given in adoption
to the adoptive parents.
2. In pursuance of order by Child Welfare Committee, minor Myra
was placed in the safe custody of the petitioner Institution on
31/8/2018 for her care and further rehabilitation. Her biological
mother hereafter relinquished her before the Child Welfare Committee
on 26/6/2018 and custody was given to the Petitioner Vastalya Trust
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Mumbai.
3. The Child Welfare Committee undertook an inquiry under
Section 38 of the Juvenile Justice (Care and Protection of Children)Act,
2015 and declared minor Prachiti @ Myra legally free for adoption. A
certificate to that effect is placed on record.
4. In so far as the adoptive parents are concerned as noted above
they are Indian Nationals residing at Pune, Maharashtra, they are
married on 24/12/2004. Their marriage certificate is on record. They
have one daughter out of the said wedlock viz.Mahika, aged 11 yrs. at
present. It appears that instead of having another biological child they
decided and to help a destitute child and accomplish their social
responsibility and had strong desire to adopt and were motivated to
adopt a child, therefore, they have decided to adopt a child. They have
placed on record a motivation letter, inter alia recording their thoughts
in regard to adoption.
5. So far as the adoptive father is concerned, he is working as a
head GBS operation- India with Wolters Kluwar India Pvt. Ltd., Pune
since 4/3/2019 and his monthly income is Rs.4,20,933/-. Petitioner
No.2 is working as Deputy General Manager in HR Department
Volkswagan IT Services, India Pvt.Ltd. Pune and her monthly gross
salary is Rs.1,03,436/-. Her salary slip for the month of January 2019 is
placed on record. The other relevant documents is also placed on
record.
6. The medical report of the adoptive father and adoptive mother
placed on record from which it is clear that they are also medically fit
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to adopt a child.
7. There is home study report part-I (self assessment) which is a self
assessment setting of the details of familarity of the adoptive parents in
regard to the adoption, the family background and the professional and
employment details of the adoptive parents, etc. There is home study
report Part-II on record which is assessment report by the social worker
attached to the Vatsalya Trust, Mumbai.
8. There is child security Undertaking dated 9/4/2019 which is
given by Mr.Vyomesh Trivedi and Mrs.Rinku Trivedi residing at Unit B-
18-07, level 18 Suasana Sentral Loft Jalan Stesen Sentral 5, 50470
Kuala Lumpur, Malaysia, they are brother and sister-in-law of the
Petitioner Mr.Jignesh Trivedi and Mrs.Namrata Trivedi, who intend to
adopt a child from Vastalya Trust, Mumbai and they have undertaken to
take the care of the minor child, Prachiti @ Myra in case of any
unfortunate mishap to the adoptive parents.
8. A joint consent and willingness of the adoptive parents as per the
requirement in law is on record which states that they are ready to be
appointed or declared as adoptive parents of the minor Prachiti @
Myra.
9. There is pre-adoption Foster Care Undertaking of the adoptive
parents dated 7/4/2019, in pursuance to which it is informed that the
child is in the Foster Care of the adoptive parents. The photographs of
the adoptive parents as of the minor child are placed on record.
10. There is representation of Mr.O.Hareendran of Indian Counsil of
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Social Welfare, Central Office Mumbai, dated 17/7/2019 checking out
all the details in regard to the proposed adoption. The representation
does not indicate anything adverse for this Court not to permit the
adoption in question. It is taken on record and marked Exhibit 2 for
identification.
11. I have heard to both the adoptive parents, alongwith minor
Prachiti @ Myra and their biological daughter Mahika. I had brief
interaction with them. They appear to be very happy with their decision
to have minor Prachiti @ Myra in adoption. I could see happiness of
both the adoptive parents as well as Mahika.
12. Thus, on perusal of the adoption petition, documents placed on
record as per the adoption regulations, I am satisfied that the adoption
can be very well allowed. Since the child is apparently well attached to
the adoptive parents. The financial, physical and mental capacity of the
adoptive parents is sound enough to adopt the child. The reasons for
adoption are also acceptable in view of the evidence and documents
placed on record. Hence, I do not find any impediment in allowing the
petition and issue the adoption order. In the result, following order:
O R D E R
1. Adoption Petition No.167/19 is allowed.
2. The said child Prachiti @ Myra is given in adoption to the co-
petitioner viz. Jignesh Jitendra Trivedi and Mrs.Namrata Jignesh
Trivedi. They are declared as parents of said child Prachiti @ Myra.
They have all parental legal rights, privileges and responsibility over
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the said Myra.
3. The said adoptive parents are permitted to remove said child
Prachiti @ Myra from the jurisdiction of this Court, whenever required.
4. The concerned Municipal Birth Certificate issuing authority is
directed to issue the birth certificate in the name of said minor born on
24/06/2018 and stating therein that the petitioners Mr.Jignesh Jitendra
Trivedi is the father and Mrs.Namrata Jignesh Trivedi is the mother of
said minor Myra.
5. Judge's order separately signed.
6. The adoptive parents shall invest an amount of Rs.2Lakhs in the
name of Myra by way of Life Insurance Policy having single premium or
in Fixed Deposit in any nationalised Bank, which could have maturity
on the minor attaining majority.
8. The Life Insurance Policy or fixed deposit as the case maybe, be
placed on record within 3 months from today.
9. The adoptive parents are directed not to give minor Myra in
adoption to any other person, without the leave of the Court.
10. Adoption Petition No.167/19 is disposed of accordingly.
Date : 05.03.2020 (M.M.UMAR)
SEBI Special Judge
City Civil & Sessions Court,
Gr. Bombay.
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Dictated on : 05.03.2020
Typed on : 07.03.2020
Signed by HHJ. ` : 07.03.2020
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
09.03.2020 3.40 p.m. Mrs. Jyoti Mane
Name of the Judge HHJ Shri MM Umar (CR No.22)
Date of Pronouncement of
Judgment/Order.
05.03.2020
Judgment/order signed by P.O on 07.03.2020
Judgment/order uploaded on 09.03.2020
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