Final Order 1

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IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
MISCELLENIOUS PETITION NO.316 OF 2018
In the matter of the Juvenile Justice
(Care and Protection of Children)
Act, 2015 as amended by the
Juvenile Justice (Care & Protection of
Children) Rules, 2017 and in the matter
of Section 58(3) of the said Act.
And
In the matter of Adoption of Female minor
Nishvika Manya Konganda.
Indian Association for Promotion of
Adoption & Child Welfare
Flat 7, Kanara Brotherhood CHS
Mogul Lane, Matunga (W),
Mumbai400 016 through Authorized
Signatory Vidya Torane Age 29 years. ….Petitioners
And
Mr.JEMCY NANJAPPA age 42 yrs.
Mrs.Priyanka M.K.Age 33 yrs.
Indian Inhabitants residing at
T3A1402,
Godrej Woodsman Estate,
Hebbal, Bangalore560 024. ….CoPetitioners
Learned Advocate Mrs.Leena Nichani for the petitioner.
Scrutiny Officer, Mr.O.Hareendran, present.
CORAM : HIS HONOUR ADDL.SESSIONS JUDGE
SHRI. K.R. JOGLEKAR (C.R.NO.34)
DATED : 10thAugust, 2018.
(DICTATED AND PRONOUNCED IN OPEN COURT)
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:ORAL ORDER:
This petition is under Section 58(3) of Juvenile Justice Act 2015
for adoption of child by name NISHVIKA MANYA KONGANDA.
Petitioner's case is thus:
2. The IAPA, Mumbai, are the custodian of a female minor
NISHVIKA whose date of birth is 28/11/2017 was transferred from
IAPA Flat 7, Kanara Brotherhood Coop.Hsg.Socy. Mogul Lane, Matunga
(W), Mumbai400 016. The petitioner now intend to give this child in
adoption to the prospective adoptive parents (being copetitioners as
per provision 66 of the Juvenile Justice Act) (as amended) Act. The
petitioners are resident at T3A1402, Godrej Woodsman Estate Hebbal,
Bangalore 560 024 and registered with C.A.R.A.with registration
no.PrKa60249141 and were directed by CARA to apply to IAPA Flat 7,
Kanara Brotherhood Coop.Hsg.Socy. Mogul Lane, Matunga (W),
Mumbai400 016. Accordingly, copetitioners agreed to adopt the
child. Accordingly, after compliance of all the formalities, executed the
Foster Care Agreement on 3/5/2018 which is on record(page no.3132)
and thereby filed this petition.
3. In response to the petition, Scrutiny Officer, Mr.O.Hareendran
submitted his report at Exh2. Social Worker Vidya Torane filed her
affidavit at page no.24 & 25 marked at ExhC. In support of their
petition, Copetitioner Mr.JEMCY NANJAPPA and Mrs.Priyanka
M.K.filed affidavit of evidence at Exh3 & 4 respectively. They are
married in the year 2008. They are having one biological child by name
“Roshni” now aged 9 year old . Birth Certificate is on record at page
no.36. They wish to adopt female child. By filing affidavits, petitioner
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as well as proposed petitioner/copetitioners filed their evidence on
affidavit which is found to be cogent and reliable. On verification, they
admitted the contents and agreed to confirm the adoption of female
child by name NISHVIKA.
4. Heard the petitioner as well as Advocate Mrs.Leena Nichani and
Scrutiny Officer. Perused the documents filed on record in respect of
age, income, birth date, residence, marriage, Marriage Certificate of the
Petitioner, report of the Scrutiny Officer as well as Child Study Report,
Home Study Report, undertaking etc. They are taken on record.
5. Upon perusal of the record as well as upon hearing, it reveals that
child is given in the custody of proposed adoptive parents and residing
happily with them. Proposed adoptive parents Mr.Jemcy Nanjappa and
Mrs.Priyanka M.K.shown their willingness to invest Rs.1,00,000/ as
one time premium in LIC policy in the name of child and to nominate
the adoptive child NISHVIKA in his property and the other LIC Policy, if
any.
6. Considering the prayer as well as the documents filed on record, I
am satisfied to grant the permission to adopt the child.
7. Hence, the order.
ORDER
Adoption Petition No.316 of 2018 is allowed as under:
1.Copetitioners/proposed adoptive parents permitted to
adopt the female minor child NISHVIKA as per the Juvenile Justice
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(Care and Protection of Children) Act, 2015 from the petitioner IAPA a
registered society having its registered address at Flat 7, Kanara
Brotherhood Coop. Hsg. Socy. Mogul Lane,Matunga(W),Mumbai
400016.
2. Copetitioners/proposed adoptive parents shall in
Rs.1,00,000/ as one time premium in the LIC Policy and to nominate
the child in their property and other LIC policies, if any, within three
months from the date of this order.
3. Municipal Authorities shall issue Birth Certificate of child
namely NISHVIKA having date of birth as 28/11/2017.
4. The adoptive parents do pay a sum of Rs.2,500/ to the
Indian Council of Social Welfare, Mumbai towards the cost of scrutiny
and investigation.
5. Adoption Petition is hereby disposed off.
Date:10/8/2018 K.R.JOGLEKAR
Addl.Sessions Judge,
City Civil & Sessions Court,
Gr.Bombay.
Dictated on :10/08/2018
Typed on :13/08/2018
HHJ signed on : 13/08/2018
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME :13/8/2018 11.15a.m.
NAME OF STENOGRAPHER : Mrs.P.P.Khanvilkar
NAME OF THE JUDGE HHJ SHRI.K.R.JOGLEKAR
Date of Pronouncement of Order 10/8/2018
Order signed by the P.O.on 13/8/2018
Order uploaded on 13/08/2018
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