Bombay High Court
Deepak Vithal Kamble And Rashmi ... vs Chris Deepak Kamble (Minor) on 27 January, 2021
Bench: N. J. Jamadar
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS GENERAL AND INHERENT JURISDICTION
INDIAN ADOPTION PETITION NO. 12 OF 2021
WITH
JUDGE'S ORDER NO. 19 OF 2021
IN
INDIAN ADOPTION PETITION NO. 12 OF 2021
1. Deepak Vithal Kamble
2. Mrs. Rashmi Deepak Kamble .. Petitioners
-----------
Mrs. Naziya Khan for petitioners.
Mr.O. Hareendran, Representative of ICSW present.
Mr. Arun Kesarkar, 2nd Asstt. Master present.
CORAM : N.J. JAMADAR, J.
DATE : 27th JANUARY 2021
(IN CHAMBERS)
P.C.
1. The petitioners have prayed for a declaration of valid adoption of a
male child, who is under the guardianship and custody of the petitioners as
the prospective adoptive parents.
2. The petitioners were appointed as the guardian of the male child by
an order dated 10th October 2018 passed by this Court in Indian
Guardianship Petition No. 25 of 2018.
3. The child was born on 15th August 2017. The petitioners adopted the
child pursuant to the Deed of Adoption executed by the biological mother
of the child and the petitioners on 9 th September 2017. Since then, the
child is in the custody of the petitioners.
Shraddha Talekar PS
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4. The petitioners have been married for more than five years. They
have no biological child. The medical certificates of the petitioners indicate
that none of the petitioners is suffering from any serious ailment. The child
is also developmentally normal.
5. The prospective father Mr. Deepak is working as an Accounts Officer
with TCPL Packaging Ltd. Mumbai. The salary slip for the month of
September 2019 indicates that his net salary was Rs.50,920/-. The
prospective mother Mrs.Rashmi is working as an Assistant Leader, Nursing
Service with P.D. Hinjuja National Hospital, Mahim, Mumbai. For the
month of July 2019, her net pay was Rs.34,878/-. The prospective adoptive
parents have placed on record the copies of their income tax returns for the
assessment years 2018-19 and 2019-20. The petitioners thus seem to be
financially stable and secure.
6. The petitioners have taken a single premium endowment plan of Life
Insurance Corporation of India with maturity value of Rs. 2,00,000/- in the
name of the child.
7. The Home Study report submitted by Mr. O. Hareendran, Scrutiny
Officer of Indian Council of Social Welfare indicates that the child is well
integrated into the family and thus in the best interest of both the child and
the family, ICSW recommends the proposal for adoption.
8. Perused the report dated 18-01-2020. The report reveals that the
Shraddha Talekar PS
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child is well adjusted with the prospective adoptive parents and paternal
grand mother and overall environment.
9. The petitioners and the child are present before the Court. The
interaction with the petitioners and the child gave an impression that the
child has bonded well with the petitioners. Thus, in view of the judgment
of this court, in the case of Manuel Theodore D'Souza--petitioners 1, I do
not find any impediment in allowing this petition.
10. In view of above, I pass the following order :
ORDER
(i) The petition is allowed in terms of prayer clauses
(a) and (b).
(ii) The child shall not be offered for further
adoption.
(iii) Judge's order is signed separately.
Digitally
signed by (iv) Undertakings are accepted.
Shraddha Shraddha
K. Talekar
K.
Date:
Talekar 2021.02.01 The petition stands disposed of in the aforesaid terms.
14:36:46
+0530
[ N.J. JAMADAR, J. ]
1 2000 (3) Bom. C.R. 244
Shraddha Talekar PS
