Deepak Vithal Kamble And Rashmi Deepak Kamble v. Chris Deepak Kamble (Minor)

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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 9th September 2017. Since then, the child is in the custody of the petitioners.

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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

3/3 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 :

O R D E R

(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 Shraddha K. Talekar Date:

2021.02.01 14:36:46 +0530 (iv) Undertakings are accepted.

Shraddha K.

Talekar The petition stands disposed of in the aforesaid terms. [ N.J. JAMADAR, J. ] 2000 (3) Bom. C.R. 244