Final Order 1

Order Details: Copy of Judgment
Pdf Text: Adopt.Pet.No.219/2019 ORDER : 1 :
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
ADOPTION PETITION NO.219 of 2019
In the matter of Section 6 of the Hindu
Adoption and Maintenance Act, 1956.
AND
In the matter of Adoption of Poorna
Gopesh Arora,Female minor of 13 years.
Mr. ULHAS BHASKAR SHITUT
Aged: 47 years, Occ.Service
R/at: B/44, Flat No.43,
Nachiket CHS Ltd, Anand Nagar,
Near Municipal Market, Dahisar (East)
Mumbai-400068. .. Petitioner
A N D
MRS.NITYA ULHAS SHITUT
Maiden name :MS.ASHA ANAND MULYE
Aged 46 years, Occ:Service
R/at: B/44, Flat No.43,
Nachiket CHS Ltd, Anand Nagar,
Near Municipal Market,
Dahisar (West),Mumbai 400068. .. Respondent
Ld. Advocate Mr.Hemant Shrivastav for Petitioner and Respondent.
CORAM : HIS HONOUR JUDGE
SHRI. M.M.UMAR
(Court Room No. 22)
DATE : 3rd November, 2020.
ORDER
1. The Petitioners Ulhas Bhaskar Shitut has filed the present
adoption petition under Section 6 of the Hindu Adoption and
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Adopt.Pet.No.219/2019 ORDER : 2 :
Maintenance Act 1956, in the matter of Adoption of female Child
Poorna, aged 13 years. The Respondent Mrs.Nitya Ulhas Shitut is the
wife of the petitioner.
2. It is the contention of the petitioner and respondent that they are
Hindu, sound mind and capable to take the child in adoption. Their
marriage was solemnized on 7/11/2017 as per the Hindu Vedic rites.
There is no child born out of the said wedlock.
3. It is contended that the first marriage of the respondent was
solemnized with one Mr.Gopesh Vidya Prakash Arora on 20/11/2003 in
Mumbai, under the provisions of Special Marriage Act. They have one
daughter by name Poorna out of the said wedlock, who was born on
24/12/2005 at Nalasopara, Thane. Therefore, the Respondent is the
biological mother of the said child Poorna and Mr.Gopesh Vidyaprakash
Arora is her biological Father.
4. It is contended that the Divorce Petition No.F-4/2014 was filed by
Mr.Gopesh Arora and Respondent before Family Court, Bandra,
Mumbai, for mutual consent divorce and the learned Family Court,
Judge, by order dated 1/10/2014 allowed that petition and their
marriage dissolved by a Decree of Mutual Divorce.
5. It is contended that the petitioner had also performed the
marriage with one Mrs.Anita Ulhas Shitut on 30/5/2002 as per Hindu
Vedic rites and that marriage was registered. There is one male child
viz. Ayush born from the said wedlock. The petitioner and said Anita
Ulhas Shitut also filed Divorce Petition No.F-998/2016, under the
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Adopt.Pet.No.219/2019 ORDER : 3 :
provisions of Hindu Marriage Act and the learned Family Court Judge,
Bandra, Mumbai, allowed the same by order dated 19/11/2016,
dissolved their marriage. It is contended that the custody of Poorna is
with the Respondent and the petitioner is maintaining to her as his
daughter and the petitioner is willing and ready to adopt said Poorna as
his daughter and has been taking the care and performing all the duties
as a father. She is under the care, protection and bringing up of the
petitioner and respondent and the petitioner has undertaken to provide
best possible upbringing to the said child Poorna as his own natural
daughter. The respondent who is the biological mother of the said child
Poorna has given the consent to the adoption, consequently, the present
petition is filed.
6. The petitioner has filed birth certificate of Poorna, certified copy
of Decree passed in the aforesaid Family Petitions decided by learned
Judge of Family Court as stated above, Aadhar Cards, including of
Poorna and Government of Maharashtra Notification for change in
name of Asha Anand Mulye, as Nitya Ulhas Shitut, Certificate of
Marriage Registration dated 7/11/2017 between petitioner and
respondent, Mishap Affidavit of one Mr.Vishal Anil Ravade and
Mrs.Rashmi Vishal Ravade, who have undertaken the responsibility of
the said minor child Poorna in the event of accident or unforeseen
incident with the petitioner and respondent, that they will look after
and maintain the said child Poorna in all respects. The petitioner and
respondent have also produced their photographs alongwith Poorna
and their Consent Deed and Consent Affidavit and other relevant
documents on record.
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Adopt.Pet.No.219/2019 ORDER : 4 :
7. The petitioner has also filed the evidence affidavit and reiterated
the abovesaid facts, which are supported by the documentary evidence
on record as stated above. On perusal of the document, evidence and
after hearing the argument of the learned advocate for the petitioner
and Respondent, it appears that the petitioner is ready and willing to
take minor Poorna in adoption as his daughter and the biological
mother-Respondent who is the wife of the petitioner has also consented
for the same as discussed above.
It is pertinent to mention here that the petitioner, respondent
alongwith Poorna were present in my Chamber. I had brief interaction
with them. They appear to be very happy with their decision to have
minor Poorna in adoption. I could see happiness of the adoptive father-
petitioner. They have now feeling of completeness of the happy family.
Therefore, in the best interest of minor Poorna and for her better
future it will be just and proper to allow the petition as the petitioner is
fit to take the said Poorna in adoption as a father.
8. In the result, in view of the aforesaid discussion for the welfare
and wellbeing of minor Poorna, it is just and desirable to allow the
petition. In the result, following order:
O R D E R
1. Adoption Petition No.219/2019 is allowed.
2. It is declared that the Petitioner Ulhas Bhaskar Shitut is the
adoptive father of minor female child Poorna Gopesh Arora and
henceforth Poorna is the daughter of Petitioner and Respondent.
3. The concerned Municipal authorities are directed to issue birth
certificate of Poorna who was born on 24/11/2005 showing the name
of Petitioner Mr.Ulhas Bhaskar Shitut as her father and Respondent
Mrs.Nitya Ulhas Shitut as her mother.
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Adopt.Pet.No.219/2019 ORDER : 5 :
4. The petitioner is permitted to apply to the passport authorities
and all the Government/Semi Government authorities in respect of
issuance of passport, PAN Card, Aadhar Card and other necessary
documents in the name of Poorna Ulhas Shitut.
5. Adoption Petition No.219/2020 is thus disposed of accordingly.
Date : 03.11.2020 (M.M.UMAR)
Judge
City Civil Court,
Gr. Bombay.
Dictated on : 03.11.2020
Typed on : 03.11.2020
Signed by HHJ. : 04.11.2020
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
04.11.2020 12.50 p.m. Mrs. Jyoti Mane
Name of the Judge HHJ Shri MM Umar (CR No.22)
Date of Pronouncement of
Judgment/Order.
03.11.2020
Judgment/order signed by P.O on 04.11.2020
Judgment/order uploaded on 04.11.2020
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