Fatema Murtaza Mandsaurwala / Zupdiwala And ANR. v. Thane Municipal Corporation And ORS.

22-WP-8034-2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8034 OF 2019 FATEMA MURTAZA MANDSAURWALA / ) ZUPDIWALA AND ANOTHER )...PETITIONERS V/s.

THANE MUNICIPAL CORPORATION & ANR. )...RESPONDENTS Mr.Pankaj Shah, Advocate for the Petitioner.

Ms.Simil Mejari i/b. Mr.Samrat Thakker, Advocate for Respondent Nos.1, 2 and 3, CORAM : A. A. SAYED & S. G. DIGE, JJ DATED : 9th SEPTEMBER, 2021 P.C.:

The Petitioners have filed this Petition seeking the following reliefs :

"That this Hon'

ble Court be pleased to issue Writ of Certiorari and/or Writ of Quo-warranto and/or Writ of Mandamus and/or Writ of Prohibition and/or any other appropriate Writ/order/direction and order and AVK 1/2

22-WP-8034-2019.doc direct the Respondents to add the names of the Petitioners as adoptive parents in the Birth Certificate of the said adopted child Husein."

In our view, such a relief cannot be granted. The Petitioners will have to follow the due procedure of law for adoption of the child and once the adoption is finalized, thereafter approach the Authority to add the name of the Petitioners as adoptive parents in the Birth Certificate of the adopted child.

The Petition is, therefore, disposed of keeping the remedy of the Petitioners open.

(S. G. DIGE, J.) (A. A. SAYED, J.) Digitally signed by ARTI VILAS KHATATE Date:

2021.09.14 11:06:05 +0530 ARTI VILAS KHATATE AVK 2/2