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Bombay High CourtIAP/13/2017disposed off

Abusufiyan Khan And Afsari Begum Abusufiyan Khan v. Sabrin Khatton Abdul Faiz Khan (Minor)

2017-09-20Hon'Ble Shri Justice Rajesh G. Ketkar2 pages

901-IAP-13-2017 Shailaja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS GENERAL AND INHERENT JURISDICTION INDIAN ADOPTION PETITION NO. 13 OF 2017 Mr. Abusufiyan Khan & Anr.

] Petitioners ......

Mr. S.K. Dubey, for petitioners.

......

CORAM : R.G. KETKAR, J.

DATE : 20TH SEPTEMBER, 2017.

P.C.:

Heard Mr. Dubey, learned Counsel for petitioners. 2.

A perusal of the Petition shows that it is styled, as one under the provisions of Guardians and Wards Act, 1890 [for short 'Act']. A perusal of prayer clause (a) states that the petitioners have prayed for declaration that they are adoptive parents of the said female minor Sabrin Khatoon Abdul Faiz Khan now under the guardianship custody with the petitioners.

3.

The Scrutiny Officer O. Hareendran has raised objection on the ground that as the present Petition is filed under the Act, consequently adoption is not legally maintainable as there is no provision for adoption under the Act. 4.

In view thereof, Mr. Dubey seeks permission to

901-IAP-13-2017 withdraw the Petition with liberty to adopt appropriate proceedings. Petition is allowed to be withdrawn with liberty to adopt appropriate proceedings. Order accordingly. [R.G. KETKAR, J.]