Final Order 1

Order Details: Copy of Judgment
Pdf Text: Adopt.Pet.No.266/2019 ORDER : 1 :
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
ADOPTION PETITION NO.266 of 2019
In the matter of Section 58(3) Juvenile
Just Act 2015 :
AND
In the matter of Adoption of Baby
SAAVI-alias-RUHITA inmate of Vatsalya
Trust, having its address near
Kanjurmarg, Police Station, Kanjur
(East), Mumbai- 400002.
Vatsalya Trust , Mumbai
Having their registered office at
Near Kanjur Marg Police Station
Kanjur (East), Mumbai 400042
Through its Sr.Social Worker Manisha Bagle
.. Petitioner/Applicant
V e r s u s
1. SHRI.AJENDU PRADEEP SOHANI
Adult, Indian Inhabitant, aged 36 years
Occupation: Service
2. MRS.MEENAKSHI AJENDU SOHANI
Adult, Indian Inhabitant, aged 35 years
Occupation: Service
Both residing at 3/B-135, Bhaktiyog CHS,
Paranjape Nagar, Vazira Naka, L.T.Road
Borivali (W), Mumbai 400091, .. Proposed Adopters/
Co-petitioners.
Ld. Advocate Ms.Sangita Nagpal for Petitioner and Co-petitioner.
Mr.O.Hareendran representative of ICW.
CORAM : HIS HONOUR JUDGE
SHRI. M.M.UMAR
(Court Room No. 22)
DATE : 1st December, 2020.
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Adopt.Pet.No.266/2019 ORDER : 2 :
ORDER
1. This is an adoption petition under the provisions of Juvenile
Justice (Care and protection of Children) Act, 2015. The petitioner
Vatsalya Trust- a Specialised Adoption Agency under Section 65 of
Juvenile Justice (Care and Protection of Children) Act, 2015.
2. It is contended that petitioner Vatsalya Trust is a recognized
Indian placement Agency (RIPA), wherein abandoned and destitute
children are brought up and efforts are made to find suitable homes
and parents for such children.
3. The proposed adoptors/co-petitioners viz. Shri.Ajendu Pradeep
Sohani and Mrs.Meenakshi Ajendu Sohani aged 36 and 35 years
respectively were married on 27/12/2010 but they have no biological
child, therefore they decided to adopt a child and were motivated to
adopt a child. It is contended that the co-petitioners have capacity and
right to take the child in adoption.
4. The proposed co-petitioner no.1 is working with Enube Ethicals
Pvt.Ltd and getting salary of Rs.1,06,000/-p.m. The co-petitioner No.2
is working with NKGSB Co-op.Bank Limited and having salary of
Rs.56,800/-p.m.
5. It is contended that the female child Saavi @ Ruhita was born on
20/11/2018 and she is in care and custody of petitioner Trust as the
biological mother surrendered said child before Child Welfare
Committee, Mumbai, and Chairperson of the CWC transferred the child
to the petitioner/Trust on 8/2/2019 for her care and further
rehabilitation.
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Adopt.Pet.No.266/2019 ORDER : 3 :
6. It is contended that prospective adoptive parents (co-petitioners)
are residing at 3/B-135, Bhaktiyog CHS, Paranjape Nagar, Vazira Naka,
L.T.Road, Borivali (W), Mumbai. It is contended that they are well
aware that the said child Saavi @ Ruhita is deprived of physical and
mental care, love and affection of parents. The custody of the said child
has been handed over to the co-petitioners and they are taking the care
of said child as she was their own daughter. The co-petitioners are in a
position to offer and give parental love, care, affection and education to
minor Saavi @ Ruhita. They are ready and willing to take the said
minor in adoption, which is for the benefit of minor Saavi @ Ruhita
and for her wellbeing. Consequently, the present petition is filed.
7. The petitioner Vatsalya Trust undertook an inquiry under Section
38 of the Juvenile Justice (Care and Protection of Children)Act, 2015
and declared minor Saavi @ Ruhita legally free for adoption. A
certificate to that effect is placed on record.
8. The co-petitioners have placed on record their Salary Certificates
and other relevant documents .
9. The medical report of the adoptive father and adoptive mother
placed on record, from which it is clear that they are also medically fit
to adopt a child.
10. There is home study report part-I (self assessment) which is a self
assessment setting of the details of familarity of the adoptive parents in
regard to the adoption, the family background and the professional and
employment details of the adoptive parents, etc. There is home study
report Part-II on record which is assessment report by the social worker
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Adopt.Pet.No.266/2019 ORDER : 4 :
attached to the Petitioner Vatsalya Trust. There is Child Security
Undertaking dated 23/08/2019 which is given by Brother-in-law of co-
petitioner no.1 residing at Thane, to look after the minor Saavi @
Ruhita in case of any unfortunate mishap to the adoptive parents- co-
petitioners.
11. A joint consent and willingness of the adoptive parents as per the
requirement in law is on record which states that they are ready to be
appointed or declared as adoptive parents of the minor Saavi @ Ruhita.
12. There is pre-adoption Foster Care Undertaking of the adoptive
parents dated 8/4/2019, in pursuance to which it is informed that the
child in the Foster Care of the adoptive parents since 23/8/2019. The
photographs of the adoptive parents and the minor child are placed on
record.
13. There is representation of Mr.O.Hareendran of Indian Counsil of
Social Welfare, Central Office Mumbai, dated 18/2/2020 checking out
all the details in regard to the proposed adoption. The representation
does not indicate anything adverse for this Court not to permit the
adoption in question.
14. It is pertinent to mention here that the co-petitioners have filed
their evidence affidavit on record. From the oral and documentary
evidence on record, it is crystal clear that the co-petitioners are
mentally, physically and financially sound to welcome another member
in their family. It appears that the co-petitioners are emotionally
attached with minor Saavi @ Ruhita and they are taking the care of her
as their own child. It is important to mention here that petitioner-Trust
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Adopt.Pet.No.266/2019 ORDER : 5 :
after considering all necessary assessments has recommended for the
adoption of child to the co-petitioners.
15. I have heard to the adoptive parents, alongwith minor Saavi @
Ruhita. I had brief interaction with them in my Chamber. They appear
to be very happy with their decision to have minor Saavi @ Ruhita in
adoption. I could see happiness of both the adoptive parents.
16. It is pertinent to mention here that I have interviewed the co-
petitioners in Chamber and I have gone through their evidence on
record. I prima facie find that the petitioners are highly motivated and
have a strong attachment to the child Saavi @ Ruhita, who is in their
custody. The petitioners have stated in one voice that they have a lot of
love and affection for the child and they have treated the child as their
own. They have stated before me that they are financially sound and
they have their place of residence in Borivali (West), Mumbai as stated
above and are in a position to take care of all the needs of the child
Saavi @ Ruhita and would ensure proper education imparted to her.
17. Thus, considering above facts and circumstances, I am of the
considered opinion that for the welfare of the child Saavi @ Ruhita and
for her wellbeing, petition deserves to be allowed. In the result,
following order:
O R D E R
1. Adoption Petition No.266/2019 is allowed.
2. It is declared that the co-Petitioner No.1 Mr. Ajendu Pradeep
Sohani and co-Petitioner No.2 Mrs.Meenakshi Ajendu Sohani are the
adoptive father and mother respectively of the minor female child
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Adopt.Pet.No.266/2019 ORDER : 6 :
Ruhita and henceforth female child is the daughter of co-Petitioner
No.1 and 2.
3. The concerned Municipal authorities are directed to issue birth
certificate of Ruhita Ajendu Sohani who was born on 20/11/2018
showing the name of co-Petitioner No.1 Mr.Ajendu Pradeep Sohani as
father and co-Petitioner No.2 Mrs.Meenakshi Ajendu Sohani as her
mother.
4. The co-petitioners are 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 Ruhita Ajendu Sohani.
5. The co-petitioners are directed not to give minor Ruhita in
adoption to any other person without previous permission of this Court.
6. The adoptive parents i.e. Co-petitioners are permitted to move
adoptive child Ruhita out of the jurisdiction of this Court.
7. Adoption Petition No.266/2019 is thus, disposed of accordingly.
Date : 01.12.2020 (M.M.UMAR)
Judge
City Civil Court, Gr. Bombay.
Dictated on : 01.12.2020
Typed on : 01.12.2020
Signed by HHJ. : 02.12.2020
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Adopt.Pet.No.266/2019 ORDER : 7 :
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
2.12.2020 12.40 p.m. Mrs. Jyoti Mane
Name of the Judge HHJ Shri MM Umar (CR No.22)
Date of Pronouncement of
Judgment/Order.
01.12.2020
Judgment/order signed by P.O on 02.12.2020
Judgment/order uploaded on 02.12.2020
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