Date: 06-01-2020
Business: Advocate Wakode for petitioner and Co-petitioner present.
Next Purpose: DIRECTIONS
Next Hearing Date: 10-01-2020
Date: 10-01-2020
Business: Adv. Kudalkar alongwith Adv. Wakode for petitioner present.
Mr. S. A. Jadhav, Chair Person, CWC, Mumbai Suburban District present.
Mr. Jadhav submitted printout of social investigation report by Ms. Ruchi with copy of letter dated 27.12.2019 forwarded by Mr. Sudesh Mahere, District Child Protection Officer, Delhi. Taken on record.
Mr. Jadhav sought time to submit the report whether the child can be declared free for adoption or not. He sought time since the Advocate for CWC is absent today.
On his request Petition is adjourned to 17.01.2020.
Next Purpose: DIRECTIONS
Next Hearing Date: 17-01-2020
Date: 17-01-2020
Business: Adv. Kudalkar alongwith Adv. Wakode for petitioner present.
Mr. S. A. Jadhav, Chair Person, CWC, Mumbai Suburban District present.
Ms. Yashaswini Basu present and requested to keep back the matter as the advocate for CWC is on the way. Hence kept back.
Later on,
Adv. Kudalkar alongwith Adv. Wakode for petitioner present.
Mr. S. A. Jadhav, Chair Person, CWC, Mumbai Suburban District present.
Ld. Adv. Ms. Sujan Abraham is present and filed vakalatnama on behalf of CWC. Taken on record and marked as Exh.3.
Ld. Adv. Ms. Sujan Abraham for CWC present and submitted that Social Investigation Report is already submitted. The SAA is Bal Anand State Adoption Agency, Chembur. The children are in custody of SAA Since, the Social Investigation Report is received CWC needs some time to go through it and opine whether the child can be declared free for adoption or not. Adv. Ms. Abraham sought time. Time is granted.
Adjourned to 24.01.2020 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 24-01-2020
Date: 24-01-2020
Business: Adv. Kudalkar alongwith Adv. Wakode for petitioner present.
Mr. S. A. Jadhav, Chair Person, CWC, Mumbai Suburban District present.
The case is adjourned to 28.01.2020 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-01-2020
Date: 28-01-2020
Business: Received today by transfer from CR no.34.
Adv. Mr. Kudalkar a/w Wakode for Petitioner present.
Adv. Ms. Suzan Abraham for Respondent CWC, Mumbai present.
Advocate for Petitioner has requested for grant of interim custody of the child, as such the advocate for Respondent has submitted that she has not received the final report from the Crime branch u/s 6(9) of Adoption Guidelines, 2017. She has requested for the grant of two weeks time to submit the report. Hence, matter adjd. to 06/02/2020 for Compliance, as a last chance.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-02-2020
Date: 06-02-2020
Business: Petitioner present.
Adv. Mr. Kudalkar a/w Mr. Wakode for Petitioner present.
Adv. Ms. Suzan Abhraham for Respondent CWC Mumbai present.
Mr. Jadhav Chairperson CWC Mumbai Suburban district present.
Adv. Ms. Suzan has filed Crime branch report and CWC report, TOR.
On the oral request of the advocate for Respondent /CWC,
case is adjourn for Taking the Steps before declaring child free for adoption ie. for advertisement in News papers etc hence, case is adjourn to 13/02/2020.
Next Purpose: COMPLIANCE
Next Hearing Date: 13-02-2020
Date: 13-02-2020
Business: Petitioner No.1 present, Co-petitioner absent.
Adv.Mr.S.P.Wakode for Petitioner present.
Adv.Mr.Ashish Borkar h/f.Mrs.Suzan Abraham for CWC Mumbai present.
Adv. Ms.Seema Adate for CWC Mumbai Suburban District Present. She has filed photocopy of publication of photo in newspaper Maharashtra Times dated 8/2/2020. She has also filed Track report photo. Taken on record.
According to her the biological parents of the child are not traceable with the consent of both the parties case is adjourned for declaring child free for adoption on 12/3/2020.
Next Purpose: COMPLIANCE
Next Hearing Date: 12-03-2020
Date: 12-03-2020
Business: Court is on leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-03-2020
Date: 19-03-2020
Business: Petitioner and Co-petitioner absent.
Adv. Mr. S. P. Wakode for Petitioner and Co-petitioner present.
Adv. Ms. Seema Agate for CWC Mumbai Suburban District present.
Advocate Mr. Wakode has requested, considering the existing situation interim custody of the child be given to the Petitioner, on the other hand advocate for CWC has made the statement that they are taking the care of the child in all respect.
As such the child is not declared legally free for adoption, therefore, at this stage, the request of Mr. Wakode can not be consider.
On the oral request of the advocate for CWC,
Matter adjd. to 09/04/2020 for Direction.
Next Purpose: DIRECTIONS
Next Hearing Date: 09-04-2020
Date: 09-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 01-06-2020
Date: 01-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 12-06-2020
Date: 12-06-2020
Business: Adv. Wakode for Petitioner is present.
Adv. Ms. Susan Abharaham for respondent CWC - Mumbai is present.
None from CWC - Mumbai Suburban district present.
Adv. Ms. Susan Abharaham has submitted that she has filed application for taking the step for declaring child as free for adoption u/s 57 of J J Act, 2015 before the Hon\''ble High Court.
Adv. Ms. Susan Abharaham has submitted that the matter is already seized by the Hon\''ble High Court and it is fixed on 16-06-2020. Hence, with the consent of both the parties,
Matter adjd. to 19-06-2020 for hearing and direction.
(Authenticated copy of this roznama be provided to the Ld. Adv. of both parties.)
Next Purpose: DIRECTIONS
Next Hearing Date: 19-06-2020
Date: 19-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 20-06-2020
Date: 20-06-2020
Business: Adv. Mr.Wakode for Petitioner is present.
Adv. Ms. Seema Adate for respondent CWC - Mumbai is present.
Adv. Mr.Wakode has requested to take the final hearing in the matter today itself as there is no stay order from the Hon\''ble High Court. On the other hand Ms.Seema Adate has submitted that the matter is pending before Hon\''ble High Court and it is for filing reply and the matter is kept on 30/6/2020. She has requested to grant any date after 30/6/20 she will make the necessary submissions on next date.
Since the matter is already pending before the Hon\''ble High Court, though there is no stay order in the matter, it is not desirable to take the final hearing today itself. If both the parties are heard on merits after 30/6/2020, no prejudice would cause to the petitioner. Hence in view of the matter case is adjd. to 03/07/2020 for hearing and direction.
(Authenticated copy of this roznama be provided to the Ld. Adv. of both parties.)
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 03-07-2020
Date: 03-07-2020
Business: Adv. Mrs.Suzan Abraham for respondent CWC - Mumbai is present.
Adv. Ms. Seema Adate for respondent CWC - Mumbai is present.
Adv.Mr.Siddharth Jaguste has filed his VP for petitioner. TOR. He has filed written notes of arguments, TOR.
Ms. Abraham also filed the written arguments. TOR.
With the consent of both the parties case is adjourned for oral submissions if any on 8/7/2020.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 08-07-2020
Date: 08-07-2020
Business: Adv. Mrs.Suzan Abraham for respondent CWC - Mumbai is present.
Adv. Ms. Seema Adate for respondent CWC - Mumbai is present.
Adv.Mr.Siddharth Jaguste has already filed written notes of arguments and made the oral submissions.
Ms.Abraham has made the oral submissions today. Hence the matter is adjd for order/direction to 17/7/2020.
(Authenticated copy of this roznama be supplied to the learned advocates of both the sides.)
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 17-07-2020
Date: 17-07-2020
Business: Adv. Mrs.Suzan Abraham for respondent CWC - Mumbai is present.
Adv. Ms. Seema Adate for respondent CWC - Mumbai is present.
Adv.Mr.Siddharth Jaguste for petitioners present.
In the matter both the parties have made the oral submission on the previous date so also they have filed written submissions on record.
On going through the case record carefully it appears that none of the petitioner has entered into the witness box nor they have filed their evidence affidavit on record. So also the original documents are not placed on record for perusal of the Court. So also the antecedents of the petitioners are not placed on record by the CWC.
Hence, in view of the matter the petitioners are directed to file the evidence affidavit in support of their claim for adoption in respect of the child if they desire. CWC is also directed to place on record the antecedents of the petitioner if any.
Both the parties are directed to co-operate to the court for the expeditious disposal of this petition on merits, as directed by the Hon\''ble High Court. Case is adjd. for evidence and production of documents if any on 22/07/2020.
(Authenticated copy of this roznama be supplied to the learned advocates of both the sides.)
Next Purpose: DIRECTIONS
Next Hearing Date: 22-07-2020
Date: 22-07-2020
Business: Adv.Ms.Suzan Abraham for Respondent CWC - Mumbai is present.
Adv. Ms. Seema Adate for respondent CWC - Mumbai is present.
Adv.Mr.Siddharth Jaguste for petitioners present.
Petitioner and co-petitioner are absent.
Advocate for Petitioners has filed affidavit of evidence in lieu of deposition on oath. TOR at Exhibit 3.
Petitioner has also filed the documents as per list. List is at Exhibit 4.
Advocate Abraham for CWC has filed application for deleting CWC as respondent. TOR at Exhibit 5.
Order- Petitioner to say.
On the oral request of the advocate for petitioner and with the consent of both the parties case is adjd. for filing reply on Exhibit 5 and hearing/direction to 29/7/2020.
(Authenticated copy of this roznama be supplied to the learned advocates of both the sides.)
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 29-07-2020
Date: 29-07-2020
Business: Adv.Mr.Siddharth Jaguste for petitioners present.
Petitioner and co-petitioner are absent.
Advocate for petitioner has filed the reply.TOR at Exhibit 6.
Heard to both the sides on Exhibit 5.
Due to paucity of time case is adjd. for order on Exhibit 5 and direction on 5/8/2020.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 05-08-2020
Date: 05-08-2020
Business: H.H.J. is on leave.
Next Purpose: DIRECTIONS
Next Hearing Date: 19-08-2020
Date: 19-08-2020
Business: Adv. Mrs. Suzan Abraham for respondent CWC - Mumbai is present.
Adv. Ms. Seema Adate for respondent CWC - Mumbai is present
Adv. Mr. Siddharth Jagushte for petitioner present.
Order passed below Exh. 5 it is rejected.
Adv. Suzan Abraham has filed pursis t.o.r. .
Adv. Suzan Abraham has requested to give an opportunity to CWC to file the written statement. Hence, the case is Adjourned for filing WS if any by CWC / evidence on 02-09-2020.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 02-09-2020
Date: 02-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-09-2020
Date: 04-09-2020
Business: Adv. Mrs. Suzan Abraham for respondent CWC - Mumbai is present.
Adv. Ms. Seema Adate for respondent CWC - Mumbai is present
Adv.Mr.Siddharth Jagusthe for Petitioner present.
Adv. Suzan Abraham has filed the written statement on behalf of CWC. TOR.
Case is Adjourned for evidence on 10-09-2020.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 10-09-2020
Date: 10-09-2020
Business: Adv. Mrs. Suzan Abraham for respondent CWC - Mumbai is present.
Adv. Ms. Seema Adate for respondent CWC - Mumbai is present Adv.Mr. Jagustre and Adv. Mr. Khan for Petitioners present.
Adv. for petitioner has filed evidence closing pursis, t.o.r.
Adv. Suzan Abraham has also filed the pursis as CWC does not want to read the evidence, t.o.r. with the consent of both the parties Matter is Adjourned for final argument on 18-09-2020.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENTS
Next Hearing Date: 18-09-2020
Date: 18-09-2020
Business: Adv. Siddharth Jagushte for petitioner present.
Adv. Suzan Abraham for the CWC present.
Adv. Seema Adate for the respondent CWC is present.
Adv. Milind Dhande h/d Adv. Wakode for the petitioner present.
Adv. Suzan Abraham has filed an application for Adjournment.
Order - Petitioner to Say.
Adv. Milind Dhande has submitted that the written of the argument is already filed by the petitioner on record, it means treated the argument on behalf of the petitioners.
Matter adjd. to 25-09-2020 for argument of respondent CWC.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENTS
Next Hearing Date: 25-09-2020
Date: 25-09-2020
Business: Adv. Suzan Abraham for respondent CWC- Mumbai is present.
Adv. Ms. Seema Adate for respondent CWC - Mumbai is present.
Adv. Siddharth Jagushte for petitioner present.
Adv. Suzan Abraham has filed written argument on behalf of CWC, t.o.r.
Matter adjd. to 01-10-2020 for order/direction.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ORDER
Next Hearing Date: 01-10-2020
Date: 01-10-2020
Business: Adv. Suzan Abraham for CWC-Respondent is present.
Adv. Mr.Ranit Basu has filed his Vakalatnama for Intervener. TOR. at Exhibit 12.
Adv. Siddharth Jagushthe for the petitioners present.
Adv. for Intervener has filed application under Order 1 Rule 10 of CPC. TOR Exhibit 13.
Petitioner to say.
Adv.Suzan Abraham for CWC Has filed application under Section 113 of CPC. TOR. Exhibit 14.
Matter adjd. to 03-10-2020 for reply and hearing as the case is timebound as per the direction of Hon\''ble High Court .
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 03-10-2020
Date: 03-10-2020
Business: Adv. Suzan Abraham for CWC-Respondent is present.
Adv. Mr.Ranit Basu for Intervener.
Adv. Siddharth Jagushthe for the petitioners present.
He has filed the Reply on Exhibit 13. TOR marked Exhibit 15.
He has also filed the reply on Exibit 14. TOR marked as Exhibit 16.
Heard both the sides on Exhibit 13 and 14. Matter is adjd. for order on Exhibit 13 and 14 to 5/10/2020.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ORDER
Next Hearing Date: 05-10-2020
Date: 05-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ORDER
Next Hearing Date: 08-10-2020
Date: 08-10-2020
Business: Adv. Suzan Abraham for CWC-Respondent is present.
Adv. Siddharth Jagushthe for the petitioner is present.
F.R.S.R following order is passed-
1. Adoption Petition No.5/2020 is allowed.
2. It is declared that the Petitioner No.1 Abhinav Gopal Aggarwal and Petitioner No.2 Mrs.Renuka Abhinav Aggarwal are the adoptive father and mother respectively of the minor male child Yatharth and henceforth child Yatharth is the son of Petitioner No.1 and 2.
3. The concerned Municipal authorities are directed to issue birth certificate of Yathartha who was born on 3/11/2016 showing the name of Petitioner No.1 Mr.Abhinav Aggarwal as his father and Petitioner No.2 Mrs.Renuka Abhinav Aggarwal as his mother.
4. The 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 Yathartha Abhinav Aggarwal.
5. The petitioners are directed not to give minor Yathartha in adoption to any other person without previous permission of this Court.
6. The adoptive parents i.e. Petitioners are permitted to move adoptive child Yathartha out of the jurisdiction of this Court.
7. The Petitioners are directed to file an undertaking before the Court supporting with an afidavit, that they will produce minor Yathartha as and when required by this Court or by the Criminal Court, where the Criminal proceeding is pending, without fail.
8. The respondents Child Welfare Committee is directed to handover the custody of minor child Yathartha to the Petitioners, after appeal period is over, after completing all the requisite formalities so also on submitting of Covid-19 Test negative Report by the Petitioners.
9. The police officer in charge of the Social Service Cell, regularly depute a woman constable to the house of the petitioners at Delhi, only with a view to a certain whether proper care of minor child Yathartha is being taken by the Petitioners and inform to the Child Welfare Committee, Mumbai, once in 6 months, till the concerned Criminal proceeding is pending against the petitioners.
10. Adoption Petition No.5/2020 is thus disposed of accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 08-10-2020