Final Order 1

Order Details: Copy of Judgment
Pdf Text: Adopt.Pet.No.27/2020 Judgment : 1 :
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
ADOPTION PETITION NO.27 of 2020
In the matter of Section 9(4)(5) of the
Hindu Adoption and Maintenance Act,
1956.
AND
In the matter of Adoption of Master
Tanish, Hindu, aged about 5 years.
1. Lahu Vithoba Niwatkar
Aged: 52 years, Occ:Business
R/at: Mezabin Heights, Room No.
503, Antop Hill, Post Office
Mumbai- 400037.
2. Mrs.Suvarna Lahu Niwatkar
Aged: 43 years, Occ:Business
R/at: Mezabin Heights, Room No.
503, Antop Hill, Post Office
Mumbai- 400037. .. Petitioners
V e r s u s
Child Welfare Committee Mumbai
Suburban District,
Having office at:Chembur Children’s
Home Campus, V.N.Purav Marg, Opp.
Anushakti Nagar Bus Depot, Mankhurd,
Mumbai 400088. .. Respondent
Ld. Advocate Mr.S.P.Wakode for Petitioners.
Ld.Advocate Ms.Suzan Abraham for Respondent CWC Mumbai.
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CORAM : HIS HONOUR JUDGE
SHRI. M.M.UMAR
(Court Room No. 22)
DATE : 13th October, 2020.
JUDGMENT
1. The Petitioner Lahu Vithoba Niwatkar and his wife Mrs.Suvarna
Lahu Niwatkar have filed the present adoption petition under Section 9
(4)(5) of the Hindu Adoption and Maintenance Act 1956, (hereinafter
referred as HAMA).
2. It is the contention of the petitioners that they are Hindu, sound
mind and capable to take the child in adoption. Their marriage was
solemnized as per the Hindu Vedic rites on 26/2/2000 and there is no
childborn out of the said wedlock. Therefore, they decided to adopt a
male child. It is contended that one Zulehuma Dalvi approached to
them through Preeti Sitap represented and informed to the petitioners
that there is one poor lady who is the biological mother of child and
due to her weak financial condition, she is unable to raise that child
and decided to give that child in adoption. When the petitioner saw the
infant in the first glance they felt connected to the child and decided to
adopt him which could bring new reason in their life and last rites of
petitioners could be performed by him as their son. The said infant was
of five days old. Therefore, in blind affection petitioners took the
custody of said child on 25/11/2014 and took care of the said child as
their own son. They performed the naming ceremony of the said child
and named him as "Tanish", they invited their relatives and friends for
the celebration. They also performed Vedic Pooja for adoption of Tanish
at home so also, they celebrated his first birthday at home. They
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admitted child Tanish in School for his betterment. They also took the
Insurance policy in the name of Child Tanish, so also they took the
Adhar Card and enrolled the name of Tanish. They also took the care
of Tanish as their own son and his vaccination was done by the
petitioners from time to time. It is also contended that Child Tanish was
recognizing to the Petitioners as his parents.
3. It is asserted that they have been arraigned as accused in the
crime bearing no.194/2019 dated 29/6/2019 registered with
Mankhurd Police Station under Section 370(4), 34 of IPC and 81 of
Juvenile Justice (Care and Protection of the children) Act, 2000 and
further investigation was transferred to DCB CID UNIT 6, Mumbai
whereas the petitioners were arrested in Crime no.194/2019 and
subsequently released on bail and they handed over the custody of said
child to Police on 7/7/2019.
4. It is contended that after their release, they preferred an
application before the Child Welfare Committee (CWC), Mumbai,
respondent for the custody of Master Tanish on 19/7/2019, but that
application came to be rejected on 01/10/2019. It is contended that
there is no betterment or welfare of Master Tanish as he is being kept in
an institution by the CWC. Master Tanish is not getting the education as
he is not been admitted in any School.
It is contended that they have more affection and welfare of
Master Tanish is with them and they will take all his care and for better
upbringing. Therefore, it is requested to give the said child Master
Tanish in adoption and petition be allowed as prayed for.
6. The CWC has resisted the said adoption petition by filing the
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written statement on record. It is contended that CWC has no locus
standi under the HAMA and CWC is filing the Written Statement only
to assist the Court as per the direction of the Hon'ble High Court passed
in Writ Petition filed by the petitioners. It is contended that adoption
petition is not maintainable as per Section 17 of HAMA which prohibits
payments in consideration of the adoption and the petitioner has
indulged in the Criminal Case registered by DCB CID Unit 6, Mumbai.
7. It is further contended by the CWC that as per order dated
13/8/2020 passed by the Hon'ble High Court of Bombay, the High
Court pleased to observe that the said adoption petition will be filed
under the 2015 Act, which is the JJ Act, and under the jurisdiction of
said Act, CWC is assisting the Court. It is contended by the Petitioners
though carried out all the functions required to legitimize the custody
of the minor child in the eyes of the society but did not take a single
step to legitimize the custody of the child in the eyes of law. It is also
contended the FIR is already registered against the petitioner, they
were arrested and subsequently released on bail. It is contended they
are the accused in the crime of procuring a minor child through
illegitimate means from child traffickers and thus become accomplice in
the crime under the IPC and JJ Act. It is contended that they are not
the legitimate claimants of the custody of Master Tanish and the
custody of Master Tanish may not be granted to them. Lastly, it is
requested to dismiss the petition.
8. After considering rival contentions of the parties so also, after
hearing the argument of both the sides, the following points arise for
my consideration and my finding thereon for the reasons recorded are
as under:
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Sr.
No
POINTS FINDINGS
1 Whether the petitioners are competent to
adopt child Master Tanish ?
In affirmative
2. What order and direction ? As per final order
REASONS
AS TO POINT NO.1 AND 2
9. These points are interconnected with each other therefore, I am
considering/taking them together for discussion, to avoid repetition.
10. In order to substantiate their claim the petitioners have filed their
evidence affidavit on record at Exhibit 3. So also, they have filed the
original documents in support of their contention as per list of
documents at Exhibit 4. The petitioners have closed their evidence by
filing the evidence closing pursis at Exhibit 8. The CWC has also filed
the pursis at Exhibit 9 and informed to the court that it does not want
to lead oral evidence.
11. Uncontroverted and undisputed facts as seen from the pleadings
of the parties and evidence on records needs to be stated first for the
better appreciation of the points in controversy. It is not in dispute that
the petitioners are arraigned as accused in Crime No.55/2019 with
DCB CID Unit 6 Mumbai, for the violation of Section 370 IPC as well as
Section 80 and 81(Sale and Procurement of the child for any purpose)
of the Juvenile Justice Act. It is not in dispute that the petitioners were
arrested by the police and police took the custody of child (Master
Tanish) from them. Consequently, the child was before the CWC which
then took the custody of said child and placed him at Bal Anand, a
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Child Care Institution and also is registered Specialized Adoption
Agency (SAA) pursuant to the provisions of Rule 59(4) of the Model
Adoption Rules, 2016.
It is also seen that as per Section 38(i) of the Juvenile Justice
(Care and Protection) Act, 2015, the Model Adoption Rules 2016 and
adoption regulations 2017, Committee requested for report of inquiry
of the DCB CID Unit 6 for declaring the child "legally free from
adoption". It appears that the biological parents of the child appeared
before the CWC and they executed the surrender deed before CWC for
giving the child in adoption to another family.
12. There is no dispute that as per the direction of the Hon'ble High
Court, CWC obtained Social Investigation Report (SIR) of the
petitioners and it was received by the CWC through District Child
Protection Unit of Delhi which mentioned
“It has been observed that the child has been used as
commodity and is being brought and sold by the adults. It is
illegal practice of adoption which is not justified in the eyes of
law.”
13. The learned advocate for the petitioner has vehemently
submitted that Petitioners are Hindu, they are husband and wife but
they were not having issue out of the wedlock. It is submitted that
petitioners decided to adopt a son. It is argued that one Ms.Zulehuma
Dalvi approached to the petitioner and informed them that one lady
having a male child and she is unable to raise him and she decided to
give him in adoption. Therefore, after seeing the said child, in the first
glance felt connected to the child and decided to adopt the said child.
Zulehuma Dalvi assured them that the necessary formalities for the
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adoption will be completed, as required. It is submitted that
considering the assurance of Zulehuma Dalvi the petitioner took the
custody of the said child on 25/11/2014. Thereafter, they tried to
contact with Zulehuma Dalvi for completing the necessary formalities
for adoption but there was no response. It is submitted that petitioner
performed the naming ceremony and child was named as 'Tanish', they
invited their relatives and friends for the Naming Ceremony
celebrations. They have raised the child as their own. They celebrated
his first birthday at home. They also performed Vedic Pooja for
adopting the said child Tanish. They also admitted child Tanish to
School. They also took the Insurance policy in the name of Child
Tanish.
14. It is submitted that after registration of the offence against the
petitioners and others, CWC called the report from DCB CID Unit 6 and
after following the appropriate procedure, CWC has declared the child
as free for adoption. It is submitted that there is no material on record
to show that the petitioners are not competent to take the said child
Master Tanish in adoption. It is submitted that on the other hand there
is ample material on record to show that the petitioners have taken the
best care of the child Master Tanish as parents and they have taken all
the necessary care of Master Tanish since they have taken him in their
custody. It is submitted that depriving the child from the family who is
upbringing him as their own child and giving the much more of what
he is getting in an institutional care Bal Anand is very unfortunate and
the petitioners are emotionally paralysed. It is also submitted that there
is no point in keeping child Master Tanish in an institutional care and in
custody with the respondent CWC. Lastly, it is requested to safeguard
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the welfare and wellbeing of Master Tanish this petition be allowed. It
is submitted that the petitioners are ready to comply all the conditions
which may be imposed while allowing the petition.
15. Per contra, the learned advocate Ms.Suzan Abraham for CWC has
submitted that as per the order of Hon'ble High Court dated
27/11/2019 CWC has appeared before this Court in the present matter
for assisting the Court in the adoption petition filed by the petitioners.
Ms. Abraham has submitted that the petitioner has filed the present
petition under the provisions of HAMA 1956 and not under the
Juvenile Justice (Care and Protection) Act 2015. It is submitted that
CWC has no power or role to play under the provisions of HAMA but
CWC is assisting the Court to the best of its abilities, following the
directions of Hon'ble High Court Ms.Abraham has submitted that no
legal guardian is available in this petition and she has submitted only
the guardian and not other person is capable of giving the child in
adoption under HAMA. Lastly, it is submitted that the petition is not
maintainable. Ms.Abraham has heavily relied upon the case of Canara
Bank Relief and Welfare Vs. NIL ILR, 1990 KAR, 1339, wherein the
Hon'ble Karnataka High Court has observed in para no.4 as under:
" (i) That for a Hindu child, whose parents are dead or have
completely and finally renounced the world or have
abandoned such child or have been declared by a Court of
competent jurisdiction to be of unsound mind or where the
parentage of such child is not known, it is the guardian of
such child who can give the child in adoption to any person
including himself; (ii) that the guardian of such Hindu child
has to obtain previous permission of the Court before giving
the child to any person in adoption; (iii) that the guardian of
such Hindu child means a person having the care of the
person of the child or both of his person and property,
among others; (iv) that the Court from which permission to
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give in adoption of such Hindu child has to be obtained, is
the City or Civil Court or a District Court within the local
limits of whose jurisdiction the child to be adopted
ordinarily resides;(v) that grant of permission by the Court
concerned to give a Hindu child in adoption must depend
upon the satisfaction to be obtained by it as to the welfare of
the child as provided for in Sub-section (5) thereof; and (vi)
that the restriction placed under Sub-section (4) in the
matter of obtaining previous permission of the Court for
giving in adoption a Hindu child is only on a guardian and
not other persons capable of giving in adoption referred to in
Section 9 of the Act itself."
16. I have duly considered the above submissions of both the sides so
also I have gone carefully through case record and abovecited
decisions.
17. It is true that, as it was ever before, that no person can look after
the welfare of children in the betterment than parents. Destiny,
however, has its own ways to mould the cores of life of a person. The
present case concerns itself with the welfare of child Tanish, who
appears to be deprived of cares and protection of the petitioners for the
reasons beyond their control.
18. The first question arises for the consideration of this court in this
case as to whether in the facts and circumstances of the case the
petition moved by the petitioner under the provisions of Section 9(4)
and (5) of the Hindu Adoption Act is maintainable and as to whether
the adoption of Master Tanish under HAMA in the peculiar facts and
circumstances of the present case is legally permissible.
19. The learned advocate for the petitioner has submitted that it is a
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well settled position of law that both the HAMA and JJ Act are Central
inactments and there is absolutely no repugnancy between the two
legislations. It is submitted that the parliament has in its wisdom
specifically included Section 56 (3) into JJ Act 2015, which
substantiates that the adoption carried out under HAMA are saved and
that HAMA is not repugnant with the JJ Act.
20. It is submitted that the CWC was made party/respondent, as the
custody of child Master Tanish, was with CWC and the CWC never took
any objection before any Court with regard to its locus. It is submitted
that when CWC has the custody of the child, it is very well falls within
the definition of “guardian” under Section 9(4) of HAMA and can have
the capacity to give the child in adoption. In support of his contention
the learned advocate for the petitioners has heavily relied upon the
decision of Sohanlal Vs. Additional Sessions Court No.9 and others, AIR
2015 ALL 33, wherein in para no.23,24,and 25 the Hon'ble High Court
has observed as under:
"
23. Section 9 of the Hindu Adoptions Act, apart from
permitting the father and the mother, also permits the
guardian of a child to give the child in adoption. Section 9 as
it existed prior to its amendment in 1962 by the
Parliamentary Act No.45 of 1962 though permitted the
guardian of a child to give him/her in adoption with the
previous permission of the court, however, such adoption was
permissible only in case the parents were dead or had
completely and finally renounced the world or had been
declared by a court to be of unsound mind. The provision, as
it existed prior to 1962, thus, did not permit an abandoned
child to be given in adoption by a guardian. It is also
noticeable that the definition of “guardian” was also confined
to mean only a testamentary guardian or a guardian
appointed or declared by a court.
24. Prior to passing of Act No.45 of 1962 by the
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Parliament , Section 9(4) of the Hindu Adoptions Act stood as
under:--
“Where both the father and the mother are dead or have
completely and finally renounced the world or have been
declared by a Court of competent jurisdiction to be of
unsound mind, the guardian of child (whether a testamentary
guardian or a guardian appointed or declared by a court)
may give the child in adoption with the previous permission
of the court.”
25. Since the provisions relating to adoption of an orphan
were not very satisfactory for the reason that the Act did not
include the abandoned children to qualify for being given in
adoption and the definition of “guardian” was also very
narrow, the Hindu Adoptions and Maintenance
(Amendment)Act (Act No.45 of 1962) was enacted by the
Parliament with the object of bringing the persons having the
care and custody of the child within the meaning of
“guardian” by suitably amending Section 9(4) of the Principal
Act and also for providing that an abandoned child or a child
whose parentage is not known or whose religion cannot be
ascertained and who is brought up as a Hindu shall be
regarded as a Hindu by religion. The Statement of Objects
and Reasons of Act No.45 of 1962 enacted by the Parliament
for amending Section 9(4)of the Principal Act is extracted
below:-
“Amending Act of 1962 – “Under the Hindu Adoptions and
Maintenance Act, 1956 the guardian of a child has been given
the power to give the child in adoption with the previous
permission of the Court. But this power can be exercised only
by a testamentary guardian or a guardian appointed or
declared by the Court as specified in Section 9(4) of the Act.
A person having the care and custody of a child has, however,
no power to give the child in adoption although for all
practical purposes he is the guardian of the child. Then again,
there is no provision in the Act authorising the adoption of a
child abandoned by both of his parents or of a child whose
parentage is not known. Children are sometimes abandoned
by their parents for fear of social opprobrium, for reasons of
poverty and for other reasons. If these children could be given
in adoption, they might grow up in congenial home
atmosphere as good citizens. These abandoned children are
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very often brought up in founding homes or other children’s
institutions. The manager of such homes or institutions
having the care and custody of these children is, for all
practical purposes, their guardian and there is no reason why
he should not have the power to give the child in adoption
with the permission of the Court like the testamentary
guardian or the guardian appointed or declared by the Court.
It is therefore, considered that this lacuna in the law should
be removed by suitably amending section 9(4) of the Act so
as to bring a person having the care and custody of the child
within the meaning of ‘guardian’. “--Gazette of India, 1962, Pt
II, Sec.2, Extra., page 475.”
21. I have duly considered the above submissions of both the sides,
so also I have gone carefully through the case record. It is important to
mention here that on 27/11/2019 the Hon'ble High Court pleased to
pass the following order:
"
6. Petitioners have already initiated the proceedings for
adoption and as the child is with CWC, the concerned CWC
is joined as respondent therein. It is brought to our notice
that those proceedings cannot continue till specialized
adoption agency under the CWC declares the child free for
adoption after following appropriate procedure.
7. We direct the CWC to appear before the City Civil
Court, Mumbai and assist that court in the matter. The court
shall within one week from today, make appropriate
reference to the Specialized Adoption Agency under the
CWC for this purpose.
8. The specialized adoption agency shall complete the
necessary exercise of obtaining Social investigation Report
(SIR) in relation to parents from the respective areas at the
earliest and preferably within six weeks from today.
9. In case of petitions who hail from Delhi the CWC
having jurisdiction there shall assist the CWC, Mumbai in
obtaining that report within the same time. Petitioner shall
also assist the CWC and specialized adoption agency in the
matter of obtaining the SIR.
10. The reports thereafter shall be produced in the City
Civil Court in the adoption proceedings. That court shall
therefore complete the proceedings in accordance with law
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at the earliest and in any case within next three months from
the receipt of the report."
22. The Hon'ble High Court also directed to CWC to appear before
this Court and assist the Court in expeditious disposal of the abovesaid
adoption petitions and CWC appeared before this Court .
23. In the order dated 13/8/2020 the Hon'ble High Court has
observed in para no.11 as under:
“ 11. We are not impressed by the submission of the learned Counsel
for CWC that since under Section 58 of the Act, 2015, CWC has no role
in the proceedings, the CWC cannot be called upon to assist the Court.
The submission loses sight of the fact that CWC is not an adversary
party in the proceedings for adoption. The Court had noted that the
Specialized Adoption Agency was working under CWC. Evidently, this
Court was of the view that the presence of the CWC before the Court
would facilitate the expeditious disposal of the adoption proceedings.
In the circumstances, the City Civil Court can proceed to decide the
substantive adoption proceedings without feeling constrained by the
procedural propriety of the impeadment of CWC as a party to the said
proceedings.”
24. There is no dispute that in present petition the biological mother
of the said child appeared before the CWC and she executed the
Surrender Deed before the CWC, proclaiming her wish to surrender the
child for giving in adoption to any other family. It is important to
mention here that the biological parents never reclaim the custody of
said surrendered child from CWC/Bal Anand Specialised Adoption
Agency, till date.
25. It appears to me that there is no legal force in the contentions of
CWC that it has no locus in the petitions filed under HAMA because
admittedly the child Master Tanish is in the custody of Specialized
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Adoption Agency Bal Anand and that agency is working under CWC
and biological parents of the child have surendered the child to CWC
for giving in adoption to another family.
26. It is important to mention here that in principal HAMA the
statement of the objects and reasons of Amending Act, 1962, clearly
shows the object of permitting abundant children, brought up in
foundation homes and all other children in institutions to be given in
adoption as the management of the such home and institutions having
the care and custody of such orphaned children, for all practical
purposes, is their “guardian” and hence the Parliament in its wisdom
thought it is appropriate to provide for giving a child in adoption by
management of such homes or institutions being his/her guardian, of
course with the permission of the Court. In other words, it can be said
that by amending Section 9(4) of the HAMA , in the matter of giving an
orphaned or abandoned children in the care and custody of the
institutions, the management of care and protection homes where such
children reside is brought at par with the testamentary guarding or the
guardian appointed or declared by the Court by inserting explanation
(ia) to section 9(4) of the principal Act, the anomaly, is existed in law,
thus, was sought to be removed by the parliament. CWC in the facts
and circumstances of the case cannot say that though the child in their
custody and care, after surrender deed executed by the parents but it
cannot give the child in adoption.
27. Admittedly, the child is at Bal Anand under the care and
protection of CWC as stated above. Since the biological parents of the
said child have executed the surrender deed to CWC and they have not
reclaimed the surrendered child within 60 days from the date of
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surrender, as per Section 35 r/w. 3 of the JJ Act and Regulation 6(12)
of the Adoption Regulation. In view of the matter in my considered
opinion now the CWC is the guardian and became capable of giving the
child Tanish in adoption, of course with the previous permission of the
Court, which should be satisfied that the adoption is for the welfare of
the child.
28. There is enough material on record to conclude that the welfare
of the child Master Tanish can be secured , if he is permitted to be given
in adoption to the petitioners. It appears that the petitioners are
financially, physically, and medically are fit and capable to adopt the
child. The capability of the petitioners to adopt the child is not disputed
by the CWC at all. There is no evidence on record to show that the
claim of petitioners regarding the adoption and custody of said Master
Tanish is made with any ulterior motive or with bad intention.
29. 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 Master Tanish who was 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 Mumbai and are in a position to
take care of all the needs of the child Master Tanish and would ensure
proper education imparted to him.
30. It is true that an offence under Section 370(4), 34 IPC and 81 of
Juvenile Justice Act, 2000 is registered against the petitioners and
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others. The Hon’ble High Court has observed in its order dated
27/11/2019 in Writ Petition No.4783/2019, which reads as under:
"After hearing the respective Counsel, we are of the view that
the pendency of FIR No.55 of 2019 with DCB CID Unit No.6
Mumbai by itself shall not be used to deny the adoption to
petitioners. "
31. Considering the fact that the petitioners and others have already
filed the Writ Petition before the Hon'ble High Court for quashing of
FIR and the Hon'ble High Court has observed as above. Therefore, this
Court has not taken into consideration the said FIR , while deciding this
Adoption Petition. It is for the concerned Criminal Court where the
chargesheet if filed by the DCB CID Unit 6 to decide the said Criminal
case on its own merits and evidence without influence to itself by the
observations made by this Court in this adoption petition, as it has
nothing to do with that Criminal proceeding against the petitioners and
this Court has not used the material of that Criminal case, while
deciding this adoption petition as per the direction of Hon’ble High
Court.
It is important to mention here that CWC has not adduced any
evidence against the petitioners to show that they are not entitled to
claim the custody of child Master Tanish or that they are unfit.
32. In short, considering the Special investigating report submitted
by CWC before the Court, in relation to the parents of the child and
that there is no antecedents against the petitioners regarding the
import, export, buy or sale or accepts or receives or detains any child.
As per the CWC, the child is free for adoption. Thus keeping the
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welfare of child Master Tanish in mind which must be the paramount
consideration, in my opinion it is just and necessary to permit the
petitioners to take the custody of child Master Tanish, as it will be in
the best interest of child Master Tanish to restore him to the petitioners.
Be that as it may, in view of the above discussion in my opinion
the petitioners have proved that their claim regarding the adoption and
custody of child Master Tanish is legal and bonafide. All the requisites
of a valid adoption, as per the law, have been fulfilled. Thus, the
Petition needs to be allowed for the welfare and wellbeing of the child
Master Tanish. In the result, I answer point no.1 and 2 according and
pass following order:
O R D E R
1. Adoption Petition No.27/2020 is allowed.
2. It is declared that the Petitioner No.1 Lahu Vithoba Niwatkar and
Petitioner No.2 Mrs.Suvarna Lahu Niwatkar are the adoptive father and
mother respectively of the minor male child Tanish and henceforth
child Tanish is the son of Petitioner No.1 and 2.
3. The concerned Municipal authorities are directed to issue birth
certificate of Master Tanish who was born on 20/11/2014 showing the
name of Petitioner No.1 Mr.Lahu Vithoba Niwatkar as his father and
Petitioner No.2 Mrs.Suvarna Lahu Niwatkar 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 Tanish Lahu Niwatkar.
5. The petitioners are directed not to give minor Master Tanish in
adoption to any other person without previous permission of this Court.
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6. The adoptive parents i.e. Petitioners are permitted to move
adoptive child Master Tanish 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
Tanish 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 Tanish 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 Antop Hill, Mumbai, only with a view to
ascertain whether proper care of minor child Master Tanish 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.27/2020 is thus disposed of accordingly.
Date : 13.10.2020 (M.M.UMAR)
Judge
City Civil Court,
Gr. Bombay.
Dictated on : 13.10.2020
Typed on : 13.10.2020
Signed by HHJ. : 16.10.2020
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Adopt.Pet.No.27/2020 Judgment : 19 :
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
17.10.2020 1.30 p.m. Mrs. Jyoti Mane
Name of the Judge HHJ Shri MM Umar (CR No.22)
Date of Pronouncement of
Judgment/Order.
13.10.2020
Judgment/order signed by P.O on 16.10.2020
Judgment/order uploaded on 17.10.2020
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