Final Order 1

Order Details: Copy of Judgment
Pdf Text: Adopt.Pet.No.286/2019 Judgment : 1 :
MHCC010117372019
IN THE SPECIAL COURT OF THE JUDGE UNDER THE SECURITIES
AND EXCHANGE BOARD OF INDIA ACT, 1992 AT BOMBAY
ADOPTION PETITION NO.286 of 2019
In the matter of Section 58(3) of
Juvenile Justice Act 2015
AND
In the matter of Adoption of Baby
AAROHI alias AADHYA 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 Sr.Social Worker Manisha Bagle .. Petitioner/
Applicant
V e r s u s
1. SHRI. DEEPAK KUMAR
Adult, Indian Inhabitant Age:41 years
Occupation : Service
2. MRS.MEENAKSHI DEEPAK
Adult Indian Inhabitant Age:41 years
Occupation : Housewife
Both residing at 11-12, 1st Fl.Abbaiah Layout
S.N.Halli Post office, Ramagondanahalli,
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Yelahanka, Bangalore, Karnataka – 560064. .. Respondents
Ld. Advocate Mrs.Sangita Nagpal for Petitioner and Co-petitioner.
Mr.Hareendran Scrutiny Officer of ICW Present.
CORAM : HIS HONOUR SPECIAL JUDGE
SHRI. M.M.UMAR
SEBI SPECIAL COURT
(Court Room No. 22)
DATE : 5th March, 2020.
JUDGMENT
1. This is an 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.Dipak Kumar, aged 41 yrs. and his
wife Mrs.Minakshi Dipak aged 41 yrs. (for short "Adoptive Parents"),
who are residents of 11-12, 1st Floor, Abbaiah Lay Out, S.N.Hali Post
Office, Ramagondanahalli, Yelahanka, Bangalore, Karnataka-560064
are before the Court, claiming that female Child Arrohi @ Aadhya born
on 18/9/2018 be given in adoption to the adoptive parents.
2. In pursuance of order by Child Welfare Committee, minor
Aadhya was placed in the safe custody of the petitioner Institution on
11/3/2019 for her care and further rehabilitation. Her biological
mother has surrendered her child before the Child Welfare Committee
and has committed the child to Vastalya Trust Mumbai and on
11/3/2019 and custody was given to the Petitioner Vastalya Trust
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Mumbai.
3. The Child Welfare Committee undertook an inquiry under
Section 38 of the Juvenile Justice (Care and Protection of Children)Act,
2015 and declared minor 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 Yelahanka, Bangalore, Karnataka-
560064, they are married on 15/10/2007. Their marriage certificate is
on record. They have no child from the said wedlock. Therefore, they
have decided to adopt a child Aarohi @ Aadhya.
5. So far as the adoptive father is concerned, he is working as a
Head with HME Technologies Pvt.Ltd., Singapore, and his monthly
income is Rs.1,22,000/-. Co-Petitioner No.2 Mrs.Meenakshi is
housewife.
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.
8. There is Child Security Undertaking of Ms.Rashmi M. dated
25/7/2019, cousin-sister of Petitioner No.1 residing at 149, 2nd Floor,
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5th Main Road, 2nd Avenue Teachers Colony, Koramangala 1st Block,
Bangalore South, Bangalore 560034. to look after the minor in case of
any unfortunate mishap to the adoptive parents.
9. 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 Aarohi @
Aadhya.
10. There is pre-adoption Foster Care Undertaking of the adoptive
parents dated 30/7/2019, in pursuance to which it is informed that the
child is in the Foster Care of the adoptive parents. The photographs of
the adoptive parents as of the minor child are placed on record.
11. There is representation of Mr.O.Hareendran of Indian Counsil of
Social Welfare, Central Office Mumbai, dated 16/1/2020 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 and marked Exhibit 2 for
identification.
12. I have heard to both the adoptive parents. I had brief interaction
with them. They appear to be very happy with their decision to have
minor Aarohi @ Aadhya in adoption. I could see happiness of both the
adoptive parents.
13. Thus, on perusal of the adoption petition, documents placed on
record as per the adoption regulations, I am satisfied that the adoption
can be very well allowed. Since the child is apparently well attached to
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the adoptive parents. The financial, physical and mental capacity of the
adoptive parents is sound enough to adopt the child. The reasons for
adoption are also acceptable in view of the evidence and documents
placed on record. Hence, I do not find any impediment in allowing the
petition and issue the adoption order. In the result, following order:
O R D E R
1. Adoption Petition No.286/19 is allowed.
2. The said child Arohi @ Aadhya is given in adoption to the co-
petitioner viz. Deepak Kumar and Mrs.Meenakshi Deepak. The are
declared as parents of said child Aarohi @ Aadhya. They have all
parental legal rights, privileges and responsibility over the said Aarohi
@ Aadhya .
3. The said adoptive parents are permitted to remove said child
Aarohi @ Aadhya from the jurisdiction of this Court, whenever
required.
4. The concerned Municipal Birth Certificate issuing authority is
directed to issue the birth certificate in the name of said minor born on
18/9/2018 and stating therein that the petitioners Mr.Deepak Kumar is
the father and Mrs.Meenakshi Deepak is the mother of said minor
Aarohi @ Aadhya.
5. Judge's order separately signed.
6. The adoptive parents shall invest an amount of Rs.2Lakhs in the
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name of Aadhya Deepak by way of Life Insurance Policy having single
premium or in Fixed Deposit in any nationalised Bank, which could
have maturity on the minor attaining majority.
8. The Life Insurance Policy or fixed deposit as the case maybe, be
placed on record within 3 months from today.
9. The adoptive parents are directed not to give minor Aadhya in
adoption to any other person without the leave of the Court.
10. Adoption Petition No.286/19 is disposed of accordingly.
Date : 05.03.2020 (M.M.UMAR)
SEBI Special Judge
City Civil & Sessions Court,
Gr. Bombay.
Dictated on : 05.03.2020
Typed on : 05.03.2020
Signed by HHJ. : 07.03.2020
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
09.03.2020 3.40 p.m. Mrs. Jyoti Mane
Name of the Judge HHJ Shri MM Umar (CR No.22)
Date of Pronouncement of
Judgment/Order.
05.03.2020
Judgment/order signed by P.O on 07.03.2020
Judgment/order uploaded on 09.03.2020
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