Mr. Sumed S/O Devidas Thamke And ... vs Nil
2021 Latest Caselaw 5596 Bom

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              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         NAGPUR BENCH, NAGPUR.
                 CIVIL REVISION APPLICATION NO. 9 OF 2021
                Mr. Sumed s/o Devidas Thamke and others Vs. Nil
_______________________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions               Court's or Judge's orders.
and Registrar's Orders.
                  Smt. Ira P. Khisti, Advocate for applicants.
                  Shri F.T. Mirza, appointed Amicus Curiae.


                                 CORAM : V.M. DESHPANDE, J.

DATE : 24th MARCH, 2021.

Hearing was conducted through video conferencing and the learned counsel agreed that the audio and visual quality was proper.

(2) Heard Smt. Ira Khisti, learned counsel for the applicants.

(3) By this revision under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 the applicants are challenging the judgment and order passed by the learned District Judge-1, Yavatmal on 21.11.2020 in Civil Miscellaneous Application No.55 of 2020, whereby the learned District Judge-1, Yavatmal has rejected the application moved on behalf of the applicants under Section 56(2) of the Juvenile Justice (Care and Protection of Children) Act, 2015 read with Regulations 51 and 55 of the Adoption Regulations for grant of permission to adopt a female child as not maintainable.

                  (4)            Applicant nos.1 and 2 are the proposed adoptive
                  parents       whereas       applicant          nos.3    and      4    are      the





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biological/natural parents of a female child who born on 02.04.2020.

(5) Learned counsel for the applicants invited my attention to various provisions of law. I am of the view that the question which the applicants are raising before this Court is required to be dealt with in detail by this Court. Since there is no non-applicant in the present case therefore Court wishes to seek assistance in addition to the assistance given by learned counsel for the applicant Smt. Khisti.

(6) Shri F.T. Mirza, learned counsel who is present in the video gallery since he is waiting for the turn of his matter, having vast experience in civil as well as criminal matters, I requested him to assist the Court in the present case. He readily accepted the same. Therefore, Shri F.T. Mirza, learned counsel is appointed as Amicus Curiae in this matter to assist the Court in addition to learned counsel for the applicants.

(7) The Registrar (Judicial) is hereby directed to furnish the entire copy of this Civil Revision Application along with Annexures to Shri F.T. Mirza, Amicus Curiae within ten days from today.

(8) Put up this matter after three weeks.

JUDGE Wagh