Final Order 1

Order Details: Copy of Judgment
Pdf Text: Adopt.Pet.No.267/2019 ORDER : 1 :
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
ADOPTION PETITION NO.267 of 2019
In the matter of Section 58(3) of
Juvenile Justice Act 2015
AND
In the matter of Adoption of Baby
DISHA alias NIVEDHYA inmate of
Vatsalya Trust, having its address Near
Kanjur Marg Police Station,
Kanjur(East), mumbai 400042.
Vatsalya Trust , Mumbai
Having their registered office at
Near Kanjur Marg Police Station
Kanjur (East), Mumbai 400042
Through its Social Worker Mrs.Nanda Sangode
.. Petitioner/Applicant
V e r s u s
1. Shri. Radhakrishnan Nair R.
Adult, Indian Inhabitant, aged 40 years
Occupation: Driver
2. Mrs.Vijaya Lekshmi S.S.
Adult, Indian Inhabitant, aged 36 years
Occupation: Housewife
Both residing at Santhosh Bhavan, Kuttamala
P.O.Vazichal Village, Thiruvananthapuram Dist.
Neyyatinkara Taluk, (Kattakada) Kerala State,
695505. .. Proposed Adopters/
Co-petitioners.
Ld. Advocate Ms.Sangita Nagpal for Petitioner and Co-petitioner.
Mr.O.Hareendran representative of ICSW.
CORAM : HIS HONOUR JUDGE
SHRI. M.M.UMAR
(Court Room No. 22)
DATE : 17th October, 2020.
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Adopt.Pet.No.267/2019 ORDER : 2 :
ORDER
1. This is adoption petition under the provisions of Juvenile Justice
(Care and protection of Children) Act, 2015. The petitioner Vastalya
Trust, Mumbai, is recognized as Child Welfare Organization and a
recognized agency for adoption by State Government as well as by
Central Adoption Resource Authority (CARA), as described in para no.1
of the Petition alongwith Mr.Radhakrishnan Nair R., aged 40 yrs. and
his wife Mrs.Vijaya Lexmi S.S. aged 36 yrs. (for short "Adoptive
Parents"), who are residents of Santhosh Bhavan, Kuttamala
P.O.Vazichal Village, Thiruvananthpuram Dist.Neyyatinkara Taluk,
(Kattakada) Kerala State, 695505, are before the Court, claiming that
female Child Disha @ Nivedhya born on 9/12/2018 be given in
adoption to the adoptive parents.
2. In pursuance of order by Child Welfare Committee, minor Disha
was placed in the safe custody of the petitioner Institution on
14/12/2018 for her care and further rehabilitation. Her biological
mother has relinquished her before the Child Welfare Committee on
14/12/2018 and custody was given to the Petitioner Vastalya Trust
Mumbai.
3. Child Welfare Committee undertook an inquiry under Section 38
of the Juvenile Justice (Care and Protection of Children)Act, 2015 and
declared minor Disha @ Nivedya legally free for adoption. A certificate
to that effect is placed on record.
4. In so far as the adoptive parents are concerned as noted above
they are Indian Nationals residing at Kuttamala P.O.Vazichal Village,
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Adopt.Pet.No.267/2019 ORDER : 3 :
Thiruvananthpuram Dist.Neyyatinkara Taluk, (Kattakada) Kerala State,
they were married on 5/9/2003. Their marriage certificate is on record.
They have no issue out of the said wedlock. Therefore, they have
decided to adopt a child. They have placed on record a motivation
letter, interalia recording their thoughts in regard to adoption.
5. So far as the adoptive father is concerned, he is having own
Trucks and other vehicles and earns Rs.25,000/- per month whereas
the adoptive mother is a Housewife. The other relevant documents are
also placed on record.
6 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.
7. 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
attached to the Vatsalya Trust, Mumbai. There is Child Security
Undertaking dated 24/7/2019 which is given by brother and sister-in-
law of proposed adoptive father residing at Thiruvananthapuram to
look after the proposed minor Disha @ Nivedhya and they have
undertaken to take the care of the minor child, Disha @ Nivedhya in
case of any unfortunate mishap to the adoptive parents.
8. 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
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Adopt.Pet.No.267/2019 ORDER : 4 :
appointed or declared as adoptive parents of the minor Disha @
Nivedhya.
9. There is pre-adoption Foster Care Undertaking of the adoptive
parents dated 19/7/2019, in pursuance to which it is informed that the
child in the Foster Care of the adoptive parents. The photographs of the
adoptive parents and the minor child are placed on record.
10. There is representation of Mr.O.Hareendran of Indian Counsil of
Social Welfare, Central Office Mumbai, dated 29/1/2020 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. It is taken on record .
11. I have heard to both the adoptive parents, alongwith minor Disha
@ Nivedhya . I had brief interaction with them in my Chamber. They
appear to be very happy with their decision to have minor Disha @
Nivedhya in adoption. I could see happiness of both the adoptive
parents.
12. It is pertinent to mention here that I have interviewed the
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 Disha @ Nivedhya 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 Thiruvananthpuram, Kerala, and
are in a position to take care of all the needs of the child Disha @
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Adopt.Pet.No.267/2019 ORDER : 5 :
Nivedhya and would ensure proper education imparted to her.
13. Thus, considering above facts and circumstances, I am of the
considered opinion that for the welfare of the child Disha @ Nivedhya
and for her wellbeing, reliefs as prayed for are required to be granted .
In the result, following order:
O R D E R
1. Adoption Petition No.267/19 is allowed.
2. It is declared that the co-Petitioner No.1 Radhakrishnan Nair and
co-Petitioner No.2 Mrs.Vijayalaxmi S.S. are the adoptive father and
mother respectively of the minor female child Disha @ Nivedhya and
henceforth child Nivedhya is the daughter of Petitioner No.1 and 2.
3. The concerned Municipal authorities are directed to issue birth
certificate of Nivedhya who was born on 9/12/2019 showing the name
of co-Petitioner No.1 Mr.Radhakrishnan Nair R. as her father and co-
Petitioner No.2 Mrs.Vijaya Lexmi S.S. 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 Nivedhya Radhakrishnan Nair.
5. The co-petitioners are directed not to give minor Nivedhya 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 Nivedhya out of the jurisdiction of this Court.
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Adopt.Pet.No.267/2019 ORDER : 6 :
7. Adoption Petition No.267/2019 is thus disposed of accordingly.
Date : 17.10.2020 (M.M.UMAR)
Judge
City Civil Court,
Gr. Bombay.
Dictated on : 17.10.2020
Typed on : 17.10.2020
Signed by HHJ. : 19.10.2020
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
19.10.2020 2.00 p.m. Mrs. Jyoti Mane
Name of the Judge HHJ Shri MM Umar (CR No.22)
Date of Pronouncement of
Judgment/Order.
17.10.2020
Judgment/order signed by P.O on 19.10.2020
Judgment/order uploaded on 19.10.2020
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