Order 1

Order Details: Copy of Judgment
Pdf Text: 1 Misc. Petition No. 53-2019
IN THE BOMBAY CITY CIVIL COURT, AT GREATER BOMBAY
MISCELLENIOUS PETITION NO. 53 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 the Adoption of Vihan a
male child, aged 11 months.
1. Mr. Sandip Pandurang Tambe, ]
aged 43 years, Occupation : Service ]
2. Smt. Kavita Sandip Tambe, ]
aged about 40 years, ]
Occupation : Housewife ]
Both Hindu, Indian Inhabitants ]
having address at G2, R7, Sitaram ]
Kedar Chawl, Makwana Road, Marol ]
Naka, St. Roques High School, Marol ]
Takpada, Andheri East, Mumbai, ]
Maharashtra 400 059 ] ...Petitioners/
Proposed Adoptive Parents
V/s
1) Mr. Svinayak Bhimrao Dongre, ]
Aged about 35 years, Occ : Service ]
2) Smt. Sandhya Vinayak Dongre ,]
Aged about 31 years, ]
Occupation : Housewife ]
having address at Room No. 14, ]
Chawl No.5, Ganesh Pada, Military ]
Road, Marol, Andheri (East), ]
Mumbai 400 059. ]
Presently residing at ]
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Flat No. 413, 4th Floor, Building ]
No. 17 in Eversmile Construction ]
Building, Mahulgaon, Chembur, ]
Mumbai 400 074. ] ...Respondents
Ld. Advocate Mr. Sandeep Dhuri for Petitioners and Respondent.
CORAM: K.R.JOGLEKAR, ADHOC JUDGE,
(C.R.NO.34)
DATED: 8 th MARCH, 2019.
(DICTATED AND PRONOUNCED IN OPEN COURT)
:ORAL ORDER:
This petition is under the provisions of the Hindu Adoption
and Maintenance Act, 1956 in the matter of adoption of baby Vihan
male child, aged 11 months.
2. The Petitioners/ proposed parents are Hindu Indian
Inhabitant and are legally wedded husband and wife and they got
married on 23.11.2008. Out of the said wedlock, they have no
biological child. Accordingly they have annexed Medical
Certificate/report of Petitioners at Exh “E colly”.
3. Respondents are Hindu and legally wedded husband and
wife. Out of the said wedlock they have four children viz Sayali,
Bhavesh, Shiddhesh and Vihan (proposed adoptive child). Vihan being
the child of the respondents and respondents being a biological father
and mother of the said child, they have sole legal right to give in
adoption the said child.
4. The occupation of the first proposed Adoptive Parent is
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service with M/s Vikson Spring Pvt. Ltd. and his gross income is Rs.
30,000/ per month with other allowances and second Adoptive Parent
is housewife and has completed her 'Anganwadi Helper' Course. The
petitioners and respondents are known to each since 10 years as the
sister (Mrs. Priyanka Pandharinath Raut) of Petitioner no. 2 is neighbor
of the respondents. Consent Affidavit of respondents i.e. biological
father and mother are at Exh. “I”. Mishap Affidavit of Mr. Dilip Bane
and Mrs. darshana Bane is at page no. 8082. Mishap Certificate from
Mr. Vinayak Bhimrao Dongre and Smt. Sandhya Vinayak Dongre is at
Exh.”J”. Accordingly, they prayed for grant of Adoption Petition.
5. The Claim Affidavit of Petitioners/Proposed Adoptive Parents is at
Exh.2 and 3 respectively and claim Affidavit of Respondents are at
Exh.4 and 5 respectively.
6. From the perusal of the record and proceedings and upon hearing
of Learned Advocate for the Petitioners and Respondents, as Petitioners
are not having any biological child out of their wedlock and as the
Respondents being biological father and mother of the child is ready
and willing to give in adoption male minor child Vihan and as
Petitioners are ready and willing to take in adoption to him, therefore,
in the best interest of the minor child Vihan and for his better future, it
will be just and proper to allow the Petitioners to adopt minor male
child Vihan from the respondents.
7. The Petitioner Nos. 1 and 2 i.e. adoptive parents of minor male
child Vihan undertakes to invest in the Vihan's name Rs. 1,00,000/ as
one time investment with the LIC. Therefore, Petition needs to be
allowed. Therefore, following order.
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4 Misc. Petition No. 53-2019
ORDER
Adoption Petition No. 53 of 2019 is allowed as under:
1. It is hereby declared that petitioner No.1 Mr. Sandip
Pandurang Tambe and Petitioner No.2 Mrs. Kavita Sandip Tambe are
the adoptive father and mother respectively of minor male child Vihan
and henceforth child Vihan is the son of Petitioner Nos.1 and 2.
2. The Petitioners and Respondents are directed to get
executed and to register Adoption Deed in the concerned Sub Registrar
Office within three months from the date of this order and to submit
copy of the registered document in this Court.
3. The concerned Municipal Authorities of BMC are directed
to issue Birth Certificate of Vihan Sandip Tambe who born on
17.07.2017 showing the name of Petitioner No.1 Mr. Sandip Pandurang
Tambe as his father and Petitioner No.2 Mrs. Kavita Sandip Tambe as
his mother.
4. The Petitioner Nos.1 and 2 i.e. adoptive parents of minor
male child Vihan shall invest Rs. 1,00,000/ as one time investment
with the LIC and nominate him in their property and other investment if
any, within three months from the date of this order and to submit copy
of the documents in this Court.
5. The Petitioners are further permitted to apply to passport
authorities and all other Government/Semi Government authorities in
respect of issuance of Pass Port, Pan Card, Aadhar Card and all other
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necessary documents in the name of Vihan Sandip Tambe.
6. The adoptive parents i.e. Petitioner Nos.1 and 2 are
permitted to move the adoptive child out of jurisdiction of this Court.
7. Adoption Petition is hereby disposed off.
Date: 08.03.2019 K.R.JOGLEKAR
Adhoc Judge,
City Civil & Sessions Court,
Gr.Bombay.
Dictated on : 08.03.2019
Typed on : 08.03.2019
HHJ signed on : 08.03.2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
22.03.2019 (3.00 p.m.) MRS. APARNA V. LELE
(H.G. STENOGRAPHER)
Name of the Judge
(with Court Room No.)
Shri K.R. Joglekar
C.R. No.34
Date of Pronouncement of JUDGMENT/
ORDER
08.03.2019
JUDGMENT/ORDER signed by P. O. on 22.03.2019
JUDGMENT/ORDER uploaded on 22.03.2019
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