Final Order 1

Order Details: Other
Pdf Text: CNR No.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
MISC. APPLICATION NO.95 OF 2019
IN
MISCELLANEOUS ADOPTION PETITIOIN NO.39 OF 2017
Abhijit Bupinder Singh Arneja
Age33 years, Occ: Service,
Adult, Indian Inhabitant of Mumbai,
residing at 36C, West End Apartments,
Four Bungalows, N Dutta Road,
Near Good Shepherd Church,
Andheri (W), Mumbai400 103. ... Petitioner No.1
AND
Neeti Abhijit Singh Arneja
Wife of : Abhijit Bupinder Singh Arneja
Age36 years, Occ: Service,
Adult, Indian Inhabitant of Mumbai,
residing at 36C, West End Apartments,
Four Bungalows, N Dutta Road,
Near Good Shepherd Church,
Andheri (W), Mumbai400 103. ... Petitioner No.2
Appearances :
Ld. Adv. Mr. Dharmendra J. Damani for petitioners.
CORAM : HIS HONOUR JUDGE
SHRI MILIND V. KURTADIKAR
(C.R. No.20)
DATED : 01st NOVEMBER, 2019
ORDER
Petitioners have filed this application for restoration of
Miscellaneous Adoption Petition No.39/2017.
MHCC01009616201 9
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MA 95/19 in Misc. Adoption Petition No.39/17 .. 2 ..
2. It is argued on behalf of petitioner that, they have filed
Misc. Adoption Petition No.39/2017 for adoption of the child. During
course of hearing the Ld. Court has raised objection for bringing consent
of biological father of the girl. Said period was in between JulyAugust
of 2017. As petitioners remained absent and not complied with the
Court directions Court has dismissed the Adoption application. During
said period petitioner no.2 the biological mother of adoptive girl was
pregnant. In the month of June2017 she undergone delivery.
Therefore neither petitioner no.2 nor petitioner no.1, her husband were
in a position to attend the Court. Even during said period they have lost
the track of matter. Therefore, Court has dismissed the application. The
absence was not deliberate. The situation was beyond their control.
Therefore they could not remain present before the Court. They have
right and interest in the matter. Therefore said dismissal order be set
aside and Adoption application be restored.
3. It is a matter of record that on 17.03.2017 Court has raised
query about not making biological father of adopting girl as party to this
application. In order to comply said directions petitioner sought little
longer time. The Roznama further shows that since July2017
petitioner remained absent and therefore on 24.08.2017 Court has
dismissed the Adoption Petition for default.
4. Now it is the defence of petitioners that during said period
petitioner no.2 has undergone delivery and therefore they could not
remain present before Court nor even contacted their advocate. In
support of said contention the birth certificate of their baby is attached
with this application. It shows that on 21.07.2017 petitioner no.2
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MA 95/19 in Misc. Adoption Petition No.39/17 .. 3 ..
begotten female baby. As she has undergone delivery in July 2017, it
was not expected from her to travel all the while to Chandigarh and
seek consent from biological father. As such the reason for absence is
well explained by the petitioners. Neither it was deliberate nor
intentional. Therefore the application needs to be allowed.
5. In addition to above I may say that Court should not be too
technical to deprive the parties from substantial justice. Considering
the relief sought in main application I am of the opinion that this
application needs to be allowed by restoring the main Adoption
Petition. Accordingly the order.
ORDER
1. MA No.95/19 in Misc. Adoption Petition No.39/17 is
hereby allowed.
2. The dismissal order dated 24/08/2017 is hereby set aside
and Misc. Adoption Petition No.39/17 is hereby restored to
its original stage.
( MILIND V. KURTADIKAR )
Judge, (C.R. No.20)
Dt.: 01/11/2019 City Civil Court, Gr. Mumbai
Dictated on : 01.11.2019
Transcribed on : 02.11.2019
Signed on : 04.11.2019
sbk/
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MA 95/19 in Misc. Adoption Petition No.39/17 .. 4 ..
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
04.11.2019 12.49 p.m. Sanjay Baliram Kaskar
(Stenographer Higher Grade)
Name of the Judge HHJ Shri M.V. Kurtadikar
(CR No.20)
Date of Pronouncement of Judgement/Order. 01.11.2019.
Judgement/order signed by P.O on 04.11.2019.
Judgement/order uploaded on 04.11.2019.
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