Final Order 1

Order Details: Other
Pdf Text: Order ..1.. Adoption Petition No.115/2020
MHCC010128482019
Presented on :05.12.2019
Registered on :24.12.2020
Decided on : 08.06.2021
Duration : 01 Y, 06 M, 28 D.
IN THE CITY CIVIL COURT FOR GREATER MUMBAI
ADOPTION PETITION NO.115 OF 2020
Pradeep Dhondiba Patil.
Age: 33 years, Occ: Business,
Indian inhabitant and residing at
Saibaba Nagar, 90 feet Road,
Behind Thrikal Building No.309,
Ghatkopar (E), Mumbai Suburban,
Mumbai 400 075. ...Petitioner.
And
Mrs. Deepika Pradeep Patil.
Age: 32 years, Occ: Service,
Indian Inhabitant and Residing at
Saibaba Nagar, 90 feet Road,
Behind Thrikal Building No.309,
Ghatkopar (E), Mumbai Suburban,
Mumbai 400 075. ...Co-petitioner.
Appearance
Adv. Sudhakar Thorat for the petitioner.
Adv. Vishal Rankhambe for the co-petitioner.
CORAM : HIS HONOUR JUDGE
Sunil T. Soor
(Court No.: 2)
DATED : 8th June, 2021.
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Order ..2.. Adoption Petition No.115/2020
O R D E R
Present petition has been filed under section 9 of the Hindu
Adoptions and Maintenance Act, 1956 (HAMA) in the matter adoption
of the minor male child namely Mourya Ramchandra Kamble, child
below 15 years of age (Date of Birth -13.01.2012).
2. Perused the petition alongwith documents. Heard advocate for
the parties.
3. Case of the petitioner as appears from the record is that petitioner
and co-petitioner are husband and wife. Their marriage took place on
17.10.2017. Petitioner earlier married with Deepali Pradeep Patil on
28.05.2013. Due to differences, the petitioner and Deepali filed divorce
petition bearing HMP No.38/2016 by mutual consent and their
marriage dissolved on 23.09.2016. Co-petitioner was also earlier
married with Amit Ramchandra Kamble but Amit Ramchandra Kamble
expired on 01.12.2014. Child to be adopted i.e., Mourya is from earlier
husband of the co-petitioner. Mourya Amit Kamble is son of the co-
petitioner from her earlier husband. After marriage with petitioner, the
co-petitioner changed her earlier name Aditi Amit Kamble to Deepika
Pradeep Patil in the Official Gazette. Name of Mourya is also changed to
Mourya Pradeep Patil in the Official Gazette.
4. Co-petitioner is natural mother of child Mourya. Petitioner and
co-petitioner are permanent resident of Mumbai. Minor child Mourya is
residing with the petitioner and co-petitioner. He is studying at Mumbai
in 2nd standard. Petitioner is maintaining the child Mourya. The school
authority is demanding the adoption order of the minor child Mourya
to change his name in the shcool record. To avoid future difficult,
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Order ..3.. Adoption Petition No.115/2020
petitioner filed this petition. Co-petitioner given consent in support of
the proposed adoption of the child Mourya.
5. Petitioner and co-petitioner filed on record their marriage
registeration certificate, copy of order dated 23.09.2016 in HMP
No.38/2016, death certificate of earlier husband of the co-petitioner,
birth certificate of the minor child Mourya Amit Kamble, copy of gazette
notification about changing name of the co-petitioner and the minor
child, Amit, identity and address proof of the petitioner and co-
petitioner.
6. It appears that child to be adopted is son of co-petitioner from
her earlier husband. After death of earlier husband of the co-petitioner,
she married with the petitioner. Minor child Mourya is residing with
the petitioner and co-petitioner. They are maintaining the minor child
Mourya. As the school authority demanded adoption order from the
petitioner to change the name of minor child Mourya and to avoid
future legal difficulties, the present petition has been filed. It further
appears that parties are Hindu and of sound mind. They are capable to
adopt the minor child, Mourya Amit Kamble. Child to be adopted is
capable of giving in adoption. Adoption is in the welfare of minor child
Mourya Amit Kamble. However it appears that parties have not
executed adoption deed. In the facts and circumstances, petition is
liable to be allowed. Hence following order.
ORDER
1. Adoption petition no.115/2020 is allowed.
2. Concerned birth certificate issuing authority is directed to issue
birth certificate of the minor male child Mourya by showing name of
the petitioner and co-petitioner as parents of the said child within 15
working days from the date of application of the petitioner.
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Order ..4.. Adoption Petition No.115/2020
3. Petitioner to register adoption deed of the minor male child
Mourya within 3 months from the date of this order.
4. Adoption petition no.115/2020 is disposed of.
(Sunil T. Soor)
City Civil Judge, Gr. Mumbai
Date : 08.06.2021
Typed on : 08.06.2021
HHJ signed on : 08.06.2021
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Order ..5.. Adoption Petition No.115/2020
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
DATE 08.06.2021, 2.30 p.m.
UPLOAD DATE AND TIME Mrs. V. N. Rajgole.
NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.2)
H.H.J. Shri. S. T. Soor
C.R.No.02
Date of Pronouncement of
JUDGMENT/ORDER
08.06.2021
JUDGMENT/ORDER signed by P.O.
on
08.06.2021
JUDGMENT/ORDER uploaded on 08.06.2021
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