Final Order 1

Order Details: Copy of Judgment
Pdf Text: 1 Misc. Petition No. 62-2019
IN THE BOMBAY CITY CIVIL COURT, AT GREATER BOMBAY
MISCELLENIOUS PETITION NO. 62 OF 2019
In the matter of Hindu Adoption and
Maintenance Act, 1956 ;
And
In the matter of the Adoption of minor
Saksham Ramchandra Gawandi, a male
minor under the age 15 years.
1. Mr. Ramchandra Kamlakar Gawandi, ]
An adut, Hindu Indian Inhabitant ]
age 33 years, Occ – Service ]
2. Mrs. Pragati Ramchandra Gawandi ]
An adult, Hindu Indian Inhabitant ]
Age – 32 years, Occ – Service ]
Both residing at 3/115, Union Mansion, ]
Dr. Ambedkar Road, Dadar (East), ]
Mumbai 400 014. ]...Petitioners/
Proposed Adoptive Parents
V/s
1) Sachin Gajanan Shinde, ]
An adult, Hindu Indian Inhabitant ]
age : 41 years, Occ – Worker ]
2) Mrs. Sakshi (Shobhna) Sachin Shinde]
Age : 40 years, Occ : Housewife, ]
Both residing at Vinayak Vasudev Chawl, ]
481/G83, N.M. Joshi Marg, Bakari Adda, ]
Chinchpokali (West), ]
Mumbai 400 011. ]...Respondents
Ld. Advocate Ms. Priya Kone with Mr. Pradeep More for Petitioners and
Respondents.
CORAM: K.R.JOGLEKAR, ADHOC JUDGE,
(C.R.NO.34)
DATED: 3rd MAY, 2019.
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2 Misc. Petition No. 62-2019
(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 minor
Saksham Ramchandra Gawandi, born on 16.09.2017.
2. The Petitioners/ proposed parents are Hindu Indian
Inhabitant and are legally wedded husband and wife and they got
married on 07.12.2014. Out of the said wedlock, they have no
biological child and have no expectation of having any issue in future.
Accordingly they have annexed Medical Certificate/report of Petitioners
at Exh “B colly”.
3. Respondents are Hindu and legally wedded husband and
wife. Out of the said wedlock they already have two children i.e. one
son nd and one daughter. The respondents are unable to maintain third
child as they are financially poor and have no sufficient source of
income as on today. Saksham 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
working in a multinational company. The Petitioner no.1's annual
income is approximately Rs. 3 Lakh to 4 Lakhs per annum. Computer
generated pay slips of last few months of the Petitioner No. 1 is at Ex.
G. Second Adoptive Parent is a working woman and is working as
Ward Clerk in Saifee Hospital and is earning approximately Rs.
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3 Misc. Petition No. 62-2019
30,000/ per month. Copy of details of Salary of Petitioner No. 2 is at
Exh.H. Consent Affidavit of respondents i.e. biological father and
mother is at Exh. “E”. Mishap Affidavit/Undertaking of Mr. Sanket
Kamlakar Gawandi (younger brother of Petitioner No.1) is at Exh. “K”
and Mishap Affidavit/ Undertaking of Mrs. Manali Manohar Gaikwad
(Elder sister of Petitioner No.2) is at Exh. “L”. 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 Saksham and as
Petitioners are ready and willing to take in adoption to him, therefore,
in the best interest of the minor child Saksham and for his better
future, it will be just and proper to allow the Petitioners to adopt minor
male child Saksham from the respondents.
7. The Petitioner Nos. 1 and 2 i.e. adoptive parents of minor male
child Saksham undertakes to invest in the Saksham's name Rs.
1,00,000/ as one time investment with the LIC or in any Nationalized
Bank. Therefore, Petition needs to be allowed. Therefore, following
order.
ORDER
Adoption Petition No. 62 of 2019 is allowed as under:
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1. It is hereby declared that petitioner No.1 Mr. Ramchandra
Kamlakar Gawandi and Petitioner No.2 Mrs. Pragati Ramchandra
Gawandi are the adoptive father and mother respectively of minor male
child Saksham and henceforth child Saksham 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 Saksham Ramchandra Gawandi who born
on 16.09.2017 showing the name of Petitioner No.1 Mr. Ramchandra
Kamlakar Gawandi as his father and Petitioner No.2 Mrs. Pragati
Ramchandra Gawandi as his mother.
4. The Petitioner Nos.1 and 2 i.e. adoptive parents of minor
male child Saksham shall invest Rs. 1,00,000/ as one time investment
with the LIC or in any Nationalized Bank 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
necessary documents in the name of Saksham Ramchandra Gawandi.
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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: 03.05.2019 K.R.JOGLEKAR
Adhoc Judge,
City Civil & Sessions Court,
Gr.Bombay.
Dictated on : 03.05.2019
Typed on : 03.05.2019
HHJ signed on : 03.05.2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
03.05.2019 (5.00 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
03.05.2019
JUDGMENT/ORDER signed by P. O.
on
03.05.2019
JUDGMENT/ORDER uploaded on 03.05.2019
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