Final Order 1

Order Details: Other
Pdf Text: Order ..1.. Adoption Petition No.33/2022
MHCC010080902021
IN THE CITY CIVIL COURT FOR GREATER MUMBAI
ADOPTION PETITION NO.33 OF 2022
1. Mr. Manthan Premji Shah,
adult, aged 42 Years, Occupation – Business,
Hindu, Indian Inhabitant,
2. Twinkle Rakesh Karia
(alias Twinkle Manthan Shah)
Originally a widow, adult, aged 36 years,
Occupation – Business,
Hindu, Indian Inhabitant,
Both residing at
Residing at 1002, 10th Floor,
Vimalnath, Opposite Dinesh Bhuvan
Derasar, M.P. Vaidya Marg,
Opposite Tilak Road, Ghatkoper (East),
Mumbai – 400 077. ...Petitioners.
And
2. Twinkle Rakesh Karia
(alias Twinkle Manthan Shah)
Originally a widow, adult, aged 36 years,
Occupation – Housewife
Hindu, Indian Inhabitant,
Residing at 1002, 10th Floor,
Vimalnath, Opposite Dinesh Bhuvan
Derasar, M.P. Vaidya Marg,
Opposite Tilak Road, Ghatkoper (East),
Mumbai – 400 077. ...Co-petitioner.
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Order ..2.. Adoption Petition No.33/2022
Mrs. Miloni Gala advocate for petitioners.
CORAM : HIS HONOUR JUDGE
Sunil T. Soor
(Court No.: 2)
DATED : 3rd March, 2022
O R D E R
Present petition has been filed under the provisions of the Hindu
Adoptions and Maintenance Act, 1956 (HAMA) in the matter adoption
of the minor female child namely Sachi Rakesh Karia (Date of Birth
12.01.2008).
2. Perused the petition alongwith documents. Heard petitioners,
co-petitioner, child to be adopted and advocate for petitioners.
3. Petitioners is also filed on record, Death Certificate of wife of
petitioner no.1, Death Certificate of husband of petitioner no.2/
co-petitioner, Birth certificate of children of petitioner no.2/ co-
petitioner namely Sachi Rakesh Karia (Child to be adopted) and
Dhiyaan Rakesh Karia from her earlier husband, Marriage Registration
Certificate of petitioner no.1 and petitioner no.2/co-petitioner, Mishap
certificate of aunt of petitioner no.1 to take care of child in case of any
mishap to petitioners, Consent Affidavit of petitioner no.2/co-petitioner
in support of adoption, Consent Letter of the child to be adopted,
Medical Fitness Certificate of petitioners and child to be adopted,
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Order ..3.. Adoption Petition No.33/2022
identity, income and address proof of petitioners, Joint photograph of
the child along with the child to be adopted and other documents.
4. It is evident from documents filed on record that petitioner no.1
had earlier married with one Poonam on 11.05.2006. They had no
children out of the said wedlock. Poonam, wife of petitioner no.1
expired on 10.11.2020. Similarly petitioner no. 2/co-petitioner had also
earlier married with Rakesh Shivji Karia on 23.11.2005. They have two
minor children namely Sachi Rakesh Karia, child to be adopted (date of
birth 12.01.2008) and Dhiyaan Rakesh Karia (date of birth
02.01.2014). Rakesh Shivji Karia expired on 23.09.2020.
5. After death of wife of petitioner no.1 and husband of petitioner
no. 2/co-petitioner, they decided to marry each other and accordingly,
their marriage solemnized on 06.06.2021. Since then, petitioner no. 1,
petitioner no.2/co-petitioner and both children of petitioner no.2/
co-petitioner are residing together. Due to subsequent marriage of
petitioner no.1 with petitioner no.2/co-petitioner, they filed the present
joint petition to legalize the adoption of the child.
6. As the child to be adopted is above the age of 5 years, her written
consent in support of her adoption is taken on the record. Petitioners
and co-petitioner also filed their consent affidavits in support of the
adoption of the child.
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Order ..4.. Adoption Petition No.33/2022
7. After hearing the parties, their advocate, child to be adopted and
perusing the documents on the record, it seems that petitioners are
medically, physically and financially sound. They are mentally alert and
highly motivated to adopt the child. Both parties are Hindus by religion.
They are capable of taking and giving the child in adoption. As the child
is below the age of 15 years, he is capable of taken in adoption as per
the provisions of section 10 of the HAMA.
8. Consent given by petitioners and child to be adopted are out of
free will. Due consideration is given to the wishes of the child having
regard to the age and understanding of the child. It does not appear
that giver and taker received any payment or reward in consideration
relating to the proposed adoption. Thus all the requisite conditions for
valid adoption as provided in sections 5 to 11 of the HAMA are
complied in the matter of proposed adoption of the child.
9. Under the facts and circumstances, adoption of the female child,
Sachi (Date of Birth – 12.01.2008) being for her welfare can be granted
to the petitioners and this is a good home for her. In the result,
following order -
O R D E R
1. Adoption Petition no.33/2022 is allowed and disposed of.
2. Petitioners Manthan Premji Shah and Twinkle Manthan
Shah are declared as parents of the female child Sachi (DOB
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Order ..5.. Adoption Petition No.33/2022
12.01.2008) for all purposes allowed by the law including
intestacy.
3. Concerned birth certificate issuing authority is directed to
issue birth certificate in the name of the child 'Sachi' (DOB
12.01.2008) by deleting name of Twinkle Rakesh Karia and
Rakesh Shivji Karia, and showing name of petitioners Manthan
Premji Shah and Twinkle Manthan Shah as parents of the said
child within 15 days from the date of application of the
petitioner.
4. Petitioners are directed to register the Adoption Deed of
the child within 3 months from the date of this order.
(Sunil T. Soor)
Judge,
City Civil Court, Gr. Mumbai
Dated : 03.03.2022
Typed on : 03.03.2022
HHJ signed on : 03.03.2022
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Order ..6.. Adoption Petition No.33/2022
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
DATE 03.03.2022, 2.30 p.m.
UPLOAD DATE AND TIME Mrs. M.M. Kadam
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
03.03.2022
JUDGMENT/ORDER signed by P.O.
on
03.03.2022
JUDGMENT/ORDER uploaded on 03.03.2022
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