Final Order 1

Order Details: Other
Pdf Text: Order ..1.. Adoption Petition No.174/2019
MHCC010069572019
IN THE CITY CIVIL COURT FOR GREATER MUMBAI
ADOPTION PETITION NO.174 OF 2019
Anilbhai Dhirubhai Kachhadiya ...Petitioner.
Age: 38 years, Occ: Business,
And
Kinjal Narendra Patel nee Kinjal Anilkumar Kachhadiya.
Age: 35 years, Occ: Housewife,
Both Residing at P.No. 93, 1st floor,
Narved Agar Society, Pungam,
Surat, Gujarat. ...Co-petitioner.
Appearance
Gayatri Pande, advocate for petitioner/co-petitioner.
CORAM : HIS HONOUR JUDGE
Sunil T. Soor
(Court No.: 2)
DATED : 8th November, 2021.
O R D E R
Present petition has been filed under section 9 of the Hindu
Adoptions and Maintenance Act, 1956 (HAMA) in the matter adoption
of the minor female child named Keya and minor male child named
Dhiyan, both below 15 years of age having their Date of Birth
21.07.2009 and 04.10.2011 respectively.
2. Petitioner filed on record, photo copy of Death Certificate of
deceased Narendra Patel (earlier husband of the co-petitioner), Birth
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Order ..2.. Adoption Petition No.174/2019
Certificate and Adhar Card of the child Keya and Dhiyan, Marriage
Registeration Certificate of the petitioner and co-petitioner, Identity and
Residential proof of the petitioner and co-petitioner, Consent Affidavit
of the co-petitioner in support of the adoption alongwith other
documents. As the children to be adopted are above 5 years of age, they
also filed their written consent in support of the adoption.
3. Perused the petition alongwith documents. Heard petitioner, co-
petitioner, children to be adopted and advocate for petitioner/co-
petitioner.
4. After hearing the parties and perusing the documents on the
record, it is evident that the co-petitioner had earlier married with
Narendra Manubhai Patel. Out of said wedlock, co-petitioner has two
issues, a daughter named Keya Narendra Patel (Death of Birth-
21.07.2009) and a son named Dhiyan (Death of Birth – 04.10.2011).
They were residing at Dahisar Mumbai. Narendra Manubhai Patel
expired on 19.07.2015. After demise of Narendra Manubhai Patel, co-
petitioner married with the petitioner on 26.11.2016. Co-petitioner
changed her name from Kinjal Narendra Patel to Kinjal Anilbhai
Kachhadiya. Both children are residing with the petitioner and co-
petitioner. Out of wedlock, petitioner and co-petitioner have no
biological child. Hence petitioner wants to legally adopt children of the
co-petitioner and the co-petitioner wants to give her both children in
adoption to the petitioner due to demise of her earlier husband and
subsequent marriage with the petitioner. Hence they filed this petition
for adoption of children.
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Order ..3.. Adoption Petition No.174/2019
5. It does not appear that giver and taker received any
remuneration in lieu of said adoption. Children to be adopted are below
15 years of age. Parties are Hindu by religion. Parties are capable of
giving and taking the children in adoption. Adoption of the children is
purely out of love and affection. Proposed adoption is for the welfare of
the children. In view of above facts, circumstances and evidence on the
record, petition is liable to be allowed. In the result, this Court proceeds
to pass the following order.
O R D E R
1. Adoption Petition no.174/2019 is allowed.
2. Petitioner Anilbhai Dhirubhai Kachhadiya and co-petitioner Kinjal
Anilbhai Kachhadiya are declared as father and mother of the minor
female child Keya and minor male child Dhiyan for all purposes
allowed by the law.
3. Concerned birth certificate issuing authority is directed to issue
birth certificate of the minor female child Keya (Date of Birth
21.07.2009) and minor male child Dhiyan (Date of Birth 04.10.2011)
by deleting name of the co-petitioner and her deceased husband
Narendra Manubhai Patel, and showing name of the petitioner Anilbhai
Dhirubhai Kachhadiya and co-petitioner Kinjal Anilbhai Kachhadiya as
parents of the said children within 15 days from the date of application
of the petitioner/co-petitoner.
4. Petitioner is directed to register the Adoption Deed of the children
within 3 months from the date of this order.
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Order ..4.. Adoption Petition No.174/2019
5. Adoption Petition no.174/2019 is disposed of.
(Sunil T. Soor)
Judge, City Civil Court, Gr. Mumbai
Dated : 08.11.2021
Typed on : 08.11.2021
HHJ signed on : 08.11.2021
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Order ..5.. Adoption Petition No.174/2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
DATE 08.11.2021, 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
08.11.2021
JUDGMENT/ORDER signed by P.O.
on
08.11.2021
JUDGMENT/ORDER uploaded on 08.11.2021
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