Date: 17-01-2020
Business: Ld. 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.2
Ld. Adv. Ms. Sujan Abraham submitted Social Investigation Report, taken on record and marked as Exh.3.
Ld. Adv. Wakode submitted that CWC is bound to declare the child free for adoption in accordance with the directions given by the Hon\''ble High Court.
Ld. Adv. Ms. Sujan Abraham submitted that the Specialized Adoption Agency has not prepared the Social Investigation Report. However, the District Child Protection Unit working under CWC has prepared the Social Investigation Report as directed by CWC. She submitted that after considering the Social Investigation Report and attending circumstances CWC will take a call on the aspect whether the child can be declared free for adoption or otherwise. She submitted that this process will take some time. Hence, adjourned.
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 surrender deed from the biological parents will be obtained and they will file the report for free adoption (in either way) on the next date. The advocate for respondent has requested to grant two weeks time to file 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.
CWC Respondent has filed the report, as the parents are not ready to surrender the child.
Matter adjd. to 13/02/2020 for Necessary direction.
Next Purpose: DIRECTIONS
Next Hearing Date: 13-02-2020
Date: 13-02-2020
Business: Petitioner No.1 Rahul Gupta 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. case is adjourned to 12/3/2020 for direction.
Next Purpose: DIRECTIONS
Next Hearing Date: 12-03-2020
Date: 12-03-2020
Business: Court is on leave.
Next Purpose: DIRECTIONS
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.)
Reason For Adjournment: National Lock Down
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. Mr.Wakode for Petitioner is present.
Adv. Mrs.Suzan Abraham for respondent CWC - Mumbai is present.
Adv. Ms. Seema Adate for respondent CWC - Mumbai is present.
Mr.Wakode has submitted that he will file the written notes of arguments on next date. Hence matter adjd.for hearing and direction 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. Mr.Wakode for Petitioner is present.
Adv. Mrs.Suzan Abraham for respondent CWC - Mumbai is present.
Adv. Ms. Seema Adate for respondent CWC - Mumbai is present.
Mr.Wakode has filed the written notes of arguments. TOR.
Ms.Adate has submitted that she has already filed common written notes of arguments including this matter.
Heard oral submissions of both the parties today. Case is adjourned 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.Wakode for applicant 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.)
Reason For Adjournment: Adjourned due to Covid-19
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.Wakode 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 4.
Petitioner has also filed the documents as per list. List is at Exhibit 5.
Advocate Abraham for CWC has filed application for deleting CWC as respondent. TOR at Exhibit 6.
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 6 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.Wakode for petitioners present.
Petitioner and co-petitioner are absent.
Adv.Ms.Abraham for CWC-Respondent present.
Advocate for Petitioners has filed reply. TOR at Exhibit 7.
Heard to both the sides on Exhibit 6.
Due to paucity of time case is adjd. for order on Exhibit 6 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. S.P. Wakode for petitioner present.
Order passed below Exh. 6 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.Wakode 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.Wakode for Petitioner 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. 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. Mr. Wakode 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 13.
Adv. Mr.Wakode for the petitioners present.
Adv. for Intervener has filed application under Order 1 Rule 10 of CPC. TOR Exhibit 14.
Petitioner to say.
Order: P etitioners to say.
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. Mr.Wakode for the petitioners present.
He has filed the Reply on Exhibit 14. TOR marked Exhibit 15.
Heard both the sides on Exhibit 14. Matter is adjd. for order on Exhibit 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. Wakode for the petitioner is present.
Court is busy in dectating the judgement in time bound Adpt. Petition no. 05/20 Hence, due to paucity of time , Matter adjourned for order to 12/10/2020.
Next Purpose: ORDER
Next Hearing Date: 12-10-2020
Date: 12-10-2020
Business: Adv. Mr. Wakode for petitioners present.
None for the CWC.
Steno absent, due to cut off of electric supply. Alternative steno is not available today. Hence, Matter is adjd. to 13-10-2020 for Order/directions.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ORDER
Next Hearing Date: 13-10-2020
Date: 13-10-2020
Business: Adv. Mr. Wakode for petitioners present.
Adv.Ms.Suzan Abraham for CWC/Respondents.
FRSR following order is passed:
O R D E R
1. Adoption Petition No.16/2020 is allowed.
2. It is declared that the Petitioner No.1 Amar Vilas Desai and Petitioner No.2 Mrs.Sarika Amar Desai are the adoptive father and mother respectively of the minor male child Sai and henceforth child Sai is the son of Petitioner No.1 and 2.
3. The concerned Municipal authorities are directed to issue birth certificate of Master Sai who was born on 1/3/2019 showing the name of Petitioner No.1 Mr.Amar Vilas Desai as his father and Petitioner No.2 Mrs.Sarika Amar Desai 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 Master Sai Amar Desai.
5. The petitioners are directed not to give minor Master Sai 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 Master Sai out of the jurisdiction of this Court.
7. The Petitioners are directed to file an undertaking before the Court supporting with an affidavit, that they will produce minor Master Sai 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 Master Sai 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 OR Senior Officer DCB CID Unit VI, regularly depute a woman constable to the house of the petitioners at Bhiwandi, District Thane, only with a view to ascertain whether proper care of minor child Master Sai is being taken by the Petitioners and inform to the Child Welfare Committee, Mumbai, once in two months, till the concerned Criminal proceeding is pending against the petitioners.
10. Adoption Petition No.16/2020 is thus disposed of accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 13-10-2020