Final Order 1

Order Details: Copy of Judgment
Pdf Text: Adopt.Pet.No.285/2019 Judgment : 1 :
IN THE SPECIAL COURT OF THE JUDGE UNDER THE SECURITIES
AND EXCHANGE BOARD OF INDIA ACT, 1992 AT BOMBAY
ADOPTION PETITION NO.285 of 2019
In the matter of the Hindu Adoption &
Maintenance Act, 1956
AND
In the matter of Guardian and Wards
Act, 1890;
AND
In the matter of Adoption of minor Asmi
a female minor under the age of 15
years.
1. Mr.Dattaram Dharma Pandav aged 42
years
2. Mrs.Chhaya Dattaram Pandav
Aged 41 years
Both Hindu, Indian Inhabitant of Mumbai
residing at Hanuman Nagar, 07 Aminabai
Mohidi Chawl, Pratap Nagar Road,
Bhandup (W),Mumbai 400078. .. Petitioners
AND
1. Mr.Shailesh Dharma Pandav aged 40 years
2. Mrs. Sanvi Shailesh Pandav aged 28 years,
Both Hindu Indian Inhabitant of Mumbai
residing at Room No.15, Amar Kaur Chawl,
Utkarsh Nagar, J.N.Road, Near Y.C.S.School,
Bhandup (W), Mumbai 400078. .. Respondents
Ld. Advocate Mr.Prabhakar Parse for Petitioner.
CORAM : HIS HONOUR SPECIAL JUDGE
SHRI. M.M.UMAR
SEBI SPECIAL COURT
(Court Room No. 22)
DATE : 17th July, 2020.
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Adopt.Pet.No.285/2019 Judgment : 2 :
JUDGMENT
1. This is adoption petition under the provisions of Hindu Adoption
and Maintenance Act and Hindu minority and Guardian Act, 1956, for
the adoption of minor female Asmi who was born on 25/1/2017.
2. As per the contentions of the petitioners they are legally wedded
husband and wife and their marriage was solemnized on 3/12/2007.
They have no biological child from this marriage. The petitioner no.1 is
aged 42 years and petitioner no.2 is 41 years. Minor child Asmi is born
on 25/1/2017.
3. It is contended that respondent is the elder brother of petitioner
no.1. The marriage of respondent no.1 and 2 was solemnized on
14/6/2010 out of said wedlock they are already having two issues and
the respondent no.2 has given the birth to female child Asmi on
25/1/2017.
4. Petitioner no.1 is working with SITTA Consultant Services,
Andheri (East) and getting the salary of Rs.24,000/- per month. The
petitioner no.2 is Housewife they are in secure economic position to
look after and maintain the said minor child. They have decided to
adopt said Asmi as their daughter and the respondents also agreed to
give said child Asmi in adoption to the petitioners on their own desire.
It is contended that the petitioners are in a position to look after,
educate and upbringing said Asmi with all facilities. Therefore, it is
requested to allow the petition.
5. It appears that the respondents no.1 and 2 are the biological
parents of the said Asmi and they have consented to this adoption. The
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Adopt.Pet.No.285/2019 Judgment : 3 :
copy of birth certificate of said Asmi, is placed on record, so also, the
photograph of minor Asmi and consent affidavit of biological parents
are also placed on record. It appears that from the documentary
evidence on record the petitioners are in good health, capable of taking
the said minor in adoption and looking after to Asmi as their own
daughter. The health and medical reports of the petitioners and
respondents are all placed on record. The undertaking of petitioners to
send the follow up reports of minor, to the Court is also placed on
record.
6. Thus, considering the affidavits and other documents placed on
record so also upon hearing of learned advocate for the
petitioner/respondent, it appears that the petitioners are ready and
willing to take said minor Asmi in adoption and the respondents are
also ready and willing to give said Asmi in adoption to the petitioners
for her welfare and it is in the best interest of minor Asmi.
7. Hence, in view of the matter, the interest of justice requires to
allow the petition. In the result following order:
O R D E R
1. Adoption Petition No.285/19 is allowed.
2. It is hereby declared that the Petitioner Dattaram Dharma Pandav
is the adoptive father of minor female child Asmi and Mrs.Chhaya
Dattaram Pandav is the mother of said child Asmi.
3. The petitioners are permitted to execute and to register the
adoption deed in the concerned Sub-Registrar's office within three
months from the date of this order and to submit the copy of registered
document in this Court.
4. The concerned Municipal authorities are directed to issue the
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Adopt.Pet.No.285/2019 Judgment : 4 :
birth Certificate of Asmi born on 25/1/2017 showing the name of
Petitioner Dattaram Dharma Pandav as her father and Chhaya
Dattaram Pandav as her mother.
5. The petitioner is permitted to move the adoptive child out of the
jurisdiction of this Court as and when necessary.
6. Adoption Petition No.285/19 is disposed of accordingly.
Date : 17.07.2020 (M.M.UMAR)
SEBI Special Judge
City Civil & Sessions Court,
Gr. Bombay.
Dictated on : 17.07.2020
Typed on : 17.07.2020
Signed by HHJ. : 19.08.2020
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
19.08.2019 12.35 p.m. Mrs. Jyoti Mane
Name of the Judge HHJ Shri MM Umar (CR No.22)
Date of Pronouncement of
Judgment/Order.
17.07.2020
Judgment/order signed by P.O on 19.08.2020
Judgment/order uploaded on 19.08.2019
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