Final Order 1

Order Details: Copy of Judgment
Pdf Text: Adopt.Pet.No.199/2019 Judgment : 1 :
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
ADOPTION PETITION NO.199 of 2019
In the matter of Hindu Adoption and
Maintenance Act, 1956.
AND
In the matter of the Guardians and
Wards Act,1890
AND
In the matter of adoption of Kunal a
minor Child inmate of Mrs.Vijaya Vijay
Chalke wife of Mr.Vijay Kashiram
Chalke, residing at Room No.2, Bhaurao
Patil Chawl, Tulshi Pada Bhandup
(West), Mumbai-400078.
1. MR.SUBHASH TUKARAM MORE
Aged: 54 years, Hindu, Indian
Inhabitant Occ: Service, presently
residing at Room No.03, Near
Patil Wadi, Kashinagar, Champabai
Compound, Tank Road, Bhandup
(West), Mumbai 400078.
2. MRS.SANGITA SUBHASH MORE
Aged: 44 years, Hindu, Indian
Inhabitant Occ: Housewife, presently
residing at Room No.03, Near
Patil Wadi, Kashinagar, Champabai
Compound, Tank Road, Bhandup
(West), Mumbai 400078. .. Petitioners
V e r s u s
1. MRS.VIJAYA VIJAY CHALKE
Age 34 years, Hindu, Indian
Inhabitant, Occ:Housewife,
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Adopt.Pet.No.199/2019 Judgment : 2 :
presently residing at Room 2,
Bhaurao Patil Chawl, Tulshi Pada,
Bhandup (West), Mumbai-400078.
2. MR.VIJAY KASHIRAM CHALKE
Age 32 years, Hindu, Indian
Inhabitant, Occ:Service,
presently residing at Room 2,
Bhaurao Patil Chawl, Tulshi Pada,
Bhandup (West), Mumbai-400078. .. Respondent
Ld. Advocate Mr. Sandip Dhangar for Petitioners and Respondent.
CORAM : HIS HONOUR JUDGE
SHRI. M.M.UMAR
(Court Room No. 22)
DATE : 6th November, 2020.
JUDGMENT
1. The Petitioner Subhash Tukaram More and his wife Mrs.Sangita
Subhash More have filed the present adoption petition under Hindu
Adoption and Maintenance Act, 1956 in the matter of Adoption of male
Child Kunal, who was born on 04/09/2018. The Respondent Mrs.Vijaya
Chalke and Mr.Vijay Chalke are the biological parents of minor child
Kunal.
2. It is the contention of the petitioners that they are Hindu, they
have no disability and competent to adopt the child as they have no
child though, their marriage was solemnized on 01/05/1993.
Therefore, they have decided to adopt the child. It is contended that
the respondents are the biological mother and father of minor child
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Adopt.Pet.No.199/2019 Judgment : 3 :
Kunal respectively. They are Hindu and they are also competent to give
the child in adoption. It is contended that the respondents agreed to
give the child Kunal in adoption to the petitioners and the petitioners
also agreed to adopt the said child Kunal. Consequently, the present
petition is filed.
3. The petitioners have filed certificate of registration of their
marriage, medical certificate regarding their fitness and that they are
not suffering from any disability, so also, they have filed Joint Affidavit
of consent on record. So also, undertaking in case of mishap executed
by Mr.Gopinath Vishnu Katkar, who is the brother of petitioner No.2
and brother-in-law of petitioner no.1 to the effect that he will take the
care and all the responsibility in case of mishap in future to the
petitioners. The letter of motivation for adoption is also filed. So also,
the supporting affidavit of the respondents is on record. The
photograph of the petitioners alongwith child Kunal etc. are also placed
on record.
4. On perusal of the documents, evidence and after hearing the
argument of the learned advocate for the petitioner and Respondent, it
appears that the petitioners are ready and willing to take minor Kunal
in adoption as their son and the biological parents-Respondents have
also consented for the same as discussed above. It is seen that
respondents are not in a position to upbring minor Kunal in better way
and for the welfare of minor Kunal they have decided to give him in
adoption to the petitioners.
It is pertinent to mention here that during the pendency of this
petition, it appears that the respondents have executed the registered
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deed of adoption in favour of the petitioners and handed over the
custody of minor child Kunal to the petitioners.
5. It is necessary to mention here that the petitioners, respondents
alongwith minor Kunal were present in my Chamber. I had brief
interaction with them. Petitioners appear to be very happy with their
decision to have minor Kunal in adoption. I could see happiness of the
adoptive parents-petitioners. They have now feeling of completeness of
the happy family.
Therefore, in the best interest of minor Kunal and for his better
future it will be just and proper to allow the petition as the petitioners
are fit to take the said Kunal in adoption as mother and father
respectively.
6. In the result, in view of the aforesaid discussion for the welfare
and welbeing of minor Kunal, it is just and desirable to allow the
petition. In the result, following order:
O R D E R
1. Adoption Petition No.199/2019 is allowed.
2. It is declared that the Petitioners Subhash Tukaram More is the
adoptive father of minor male child Kunal Vijay Chalke and petitioner
no.2 Mrs.Sangita Subhash More is his mother. Henceforth, Kunal is the
son of Petitioners no.1 and 2.
3. The concerned Municipal authorities are directed to issue birth
certificate of Kunal who was born on 04/09/2018 showing the name of
Petitioner no.1 Mr.Subhash Tukaram More as his father and petitioner
no.2 Mrs.Sangita Subhash More as his mother.
4. The petitioners are permitted to apply to the passport authorities
and all the Government/Semi Government authorities in respect of
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issuance of passport, PAN Card, Aadhar Card and other necessary
documents in the name of Kunal Subhash More.
5. Adoption Petition No.199/2019 is thus disposed of accordingly.
Date : 06.11.2020 (M.M.UMAR)
Judge
City Civil Court,
Gr. Bombay.
Dictated on : 06.11.2020
Typed on : 06.11.2020
Signed by HHJ. : 07.11.2020
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
07.11.2020 01.45 p.m. Mrs. Jyoti Mane
Name of the Judge HHJ Shri MM Umar (CR No.22)
Date of Pronouncement of
Judgment/Order.
06.11.2020
Judgment/order signed by P.O on 07.11.2020
Judgment/order uploaded on 07.11.2020
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