Final Order 1

Order Details: Copy of Judgment
Pdf Text: Adopt.Pet.No.289/2019 Judgment : 1 :
MHCC010122152019
IN THE SPECIAL COURT OF THE JUDGE UNDER THE SECURITIES
AND EXCHANGE BOARD OF INDIA ACT, 1992 AT BOMBAY
ADOPTION PETITION NO.289 of 2019
In the matter of juvenile justice
(Care and Protection of Children)
Act, 2000 as amended by the Juvenile
Justice (Care and Protection of
Children) Act, 2006 Juvenile Justice
(Care and Protection of Children) Act,
2015, Read with the Guidelines
governing Adoption of Children 2015,
Guidelines; 56(2) of J.J.Act
AND
In the matter of Guardian and Wards
Act, 1890;
AND
In the matter of Adoption of Zahra
Shaikh, Biological Girl of
Mr.Mohammed Wasim Shaikh and
Mrs.Saima Mohammed Wasim Shaikh
residing at 68/14, Sadariya Wala
Compound, New Mill Road Near Bharat
Cinema, Kurla (W), Mumbai 400070.
1. Mr.Rehman Shaikh
Adult Indian Inhabitant Age: 38 years
2. Mrs.Aalia Firdus Shaikh
Adult Indian Inhabitant Age :32 years
Both residing at 68/14,
Sadariya Wala Compound
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Adopt.Pet.No.289/2019 Judgment : 2 :
New Mill Road Near Bharat Cinema
Kurla (W), Mumbai 400070. .. Petitioners
V e r s u s
1. Mr.Mohammed Wasim Shaikh
Adult Indian Inhabitant Age:34 years
2. Mrs.Saima Mohammed Wasim Shaikh
Adult Indian Inhabitant Age:30 years
Both residing at 68/14,
Sadariya Wala Compound
New Mill Road, Near Bharat Cinema
Kurla (W), Mumbai 400070. .. Respondents
Ld. Advocate Mr. Ankit Pandey for Petitioners.
CORAM : HIS HONOUR SPECIAL JUDGE
SHRI. M.M.UMAR
SEBI SPECIAL COURT
(Court Room No. 22)
DATE : 20th February, 2020.
1. This is adoption petition under the provisions of Juvenile justice
(Care and protection of Children) Act 2015. The petitioner are the
husband and wife and their marriage was solemnized on 22/1/2011.
But they have no biological child out of the said marriage.
2. Whereas the respondents are the biological parents of child
Zahra. The respondent no.1 is the real brother of petitioner no.1 and
respondent no.2 is his sister-in-law. The said child Zahra was born on
17/7/2018. By virtue of Adoption Deed dated 1/11/2019 at Mumbai
the said child Zahra is given in adoption by her biological parents to the
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Adopt.Pet.No.289/2019 Judgment : 3 :
petitioner and now Zahra is residing with petitioners.
3. Petitioner no.1 working as an Associate Manager and his monthly
income is Rs.2,86,000/-. Petitioner No.2 is Housewife. They have
mutually decided to adopt the said child. So also, the respondents are
desirous to give Zahra in adoption to the petitioners. Therefore, they
have executed the said adoption deed and they have relinquished or
terminated their parental rights. It appears that the petitioners treating
Zahra as their own child.
4. The assistant Director CARA (Central Adoption Resource
Authority) has issued a letter on 16/1/2020 and considered all the
necessary requirements and expressed the opinion that the Court may
finalize the adoption case as per the Schedule XXX of the Adoption
Regulations, 2017 and issue the adoption order.
5. Thus, on perusal of adoption petition, documents placed on
record as per Adoption Regulation, 2017, I am satisfied that adoption
can be very well allowed. Since, the child is apparently well attached to
the adopting parents. The financial, physical and mental capacity of the
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 issuing the adoption. In the result, following order:
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Adopt.Pet.No.289/2019 Judgment : 4 :
O R D E R
1. Adoption Petition No.289/19 is allowed.
2. It is declared that the Petitioner No.1 Rehman Shaikh and
Petitioner No.2 Mrs.Aalia Firdus Shaikh are the adoptive father and
mother respectively of the minor female child Zahra Shaikh and
henceforth child Zahra Shaikh is the daughter of Petitioner No.1 and 2.
3. The petitioners and respondents are directed to get executed and
to register Adoption Deed in the concerned Sub-Registrar's office within
three months from the date of this order and copy of the said document
be filed in the Court, for record purpose.
4. The concerned Municipal authorities of BMC are directed to issue
birth certificate of Zahra Shaikh who was born on 17/7/2018 showing
the name of Petitioner No.1 Mr.Rehman Shaikh as her father and
Petitioner No.2 Mrs.Aalia Firdus Shaikh as her mother.
5. The Petitioner No.1 adoptive father of minor Zahra shall invest
an amount of Rs.2,50,000/- on the name of minor Zahra within three
months from the date of this order as one time investment in any
Nationalised bank, till she attains the age of 18 years.
6. The petitioners are directed to submit copy of investment
documents before the Court.
7. The petitioners are further permitted to apply to the passport
authorities and all the Government/Semi Government authorities in
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Adopt.Pet.No.289/2019 Judgment : 5 :
respect of issuance of passport, PAN Card, Aadhar Card and other
necessary documents in the name of Zahra Rehman Shaikh.
8. Adoption Petition No.289/19 is thus disposed of accordingly.
Date : 20.02.2020 (M.M.UMAR)
SEBI Special Judge
City Civil & Sessions Court,
Gr. Bombay.
Dictated on : 20.02.2020
Typed on : 20.02.2020
Signed by HHJ. : 07.02.2020
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
09.03.2020 4.00 p.m. Mrs. Jyoti Mane
Name of the Judge HHJ Shri MM Umar (CR No.22)
Date of Pronouncement of
Judgment/Order.
20.02.2020
Judgment/order signed by P.O on 07.03.2020
Judgment/order uploaded on 09.03.2020
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