Zal Sam Cooper And Anr vs Taronish Zal Cooper And Piran Zal ...
2021 Latest Caselaw 16360 Bom

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    ORDINARY ORIGINAL CIVIL JURISDICTION
                                                AND
                      GENERAL AND INHERENT JURISDICTION

                    INDIAN ADOPTION PETITION NO.97 OF 2021
                                     ALONG WITH
                             JUDGE'S ORDER NO.196 OF 2021
                                         AND
                             JUDGE'S ORDER NO.197 OF 2021

Zal Sam Cooper and Kavita Zal Cooper                     .. Petitioners/Adoptive Parents

Taronish Zal Cooper                                      .. Minor
Piran Zal Cooper                                         .. Minor


Mr. Rakesh Kapoor, i/by Rakesh K.L. Kapoor and Co., for the Petitioners-
Adoptive Parents.
Mr. O. Hareendran, Scrutiny Officer of ICSW, is present.
Mr. Dilip R. Talekar, Chamber Registrar, is present.


                                                  CORAM : A. K. MENON, J.

                                                  DATE     : 25TH NOVEMBER, 2021.


P.C. :

1. The petitioners are Indian nationals, who are seeking to adopt two male

children Taronish Zal Cooper born on 11 th September 2010 and Piran Zal

Cooper born on 9th March 2012. The children are the biological sons of one

Firdosh Adil Dumasia and Kavita Firdosh Dumasia, both of whom have

expired in 2016 and 2018 respectively. Upon demise of the parents, the

minors have been in the care and custody of their paternal grand-father Adil

7-IAP-97-2021 & JO-197-2021 & JO-196-2021.doc Dixit Dadabhoy Dumasia, who is unable to now look after the welfare of the

children being of advanced age.

2. Having realized that he is unable to now look after the children,

educate and bring them up, the prospective adoptive parents have expressed a

keen desire to adopt the two minor children. The prospective adoptive parents

have no biological children of their own and they seek an order permitting

adoption of the children pursuant to a judgment dated 27 th October 1999

passed by this court in Indian Guardianship Petition No.74 of 1999, along

with Indian Guardianship Petition No.75 of 1999. It is also the case of the

petitioners that the minimum waiting period of two years before granting a

final order of guardianship is not sacrosanct. As recorded in the judgment

dated 22nd April 2018 in Indian Adoption Petition No.32 of 2018, the

petitioners have declared that the two minors have been in their care and

custody for the last two years and have developed a emotional bond between

them. The siblings also had developed a liking for the prospective adoptive

parents and hence they seek an order permitting them to declare and adopt

the petitioners as the adoptive parents of the two minor children.

3. From the record, I find that the prospective adoptive father is well

placed. He is of substantial means and they have already made investments in

the name of the two minor children with the LIC, which would benefit the

children in future. The Home Study Report has been found to be acceptable.

The children are presently studying in Standard 5 and 4 respectively as

7-IAP-97-2021 & JO-197-2021 & JO-196-2021.doc Dixit residential scholars. This has been also certified by their school. Friends and

well-wishers have supported the adoption, as evident from the annexures to

the petition. In these circumstances, I have no hesitation in allowing the

petition. Accordingly, I pass the following order :-

(i) Petition is allowed in terms of prayer clauses (a), (b) and

(c).

                                    (ii)     Judge's Order is signed separately.

                                    (iii)    Petition is disposed in the above terms.




                                                                                             (A. K. MENON, J.)




        Digitally signed

SNEHA

7-IAP-97-2021 & JO-197-2021 & JO-196-2021.doc by SNEHA ABHAY DIXIT ABHAY Date:

2021.11.27 DIXIT 15:14:20 +0530 Dixit