Shafie Mohideen Syed v. Nooren Shafic Syed (Minor) Adoption

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION AND IN ITS GENERAL AND INHERENT JURISDICTION INDIAN ADOPTION PETITION NO. 18 OF 2026

1. Shafic Mohideen Syed by AMOL PREMNATH JADHAV Date:

2026.04.04 10:53:32 +0530 AMOL PREMNATH JADHAV aged 59 years and

2. Tajunnihar Shafic Syed aged 59 years, both Indian Nationals, residing at F-88, RBI Officer's Quarter's, North Avenue, Santacruz (West), Mumbai - 400 054. .. Petitioners _____________________________________________ Mr. Rakesh K.L. Kapoor for the Petitioners.

Mr. O. Hareendran, Scrutiny Officer, ICSW present. Mr. Shafic Mohideen Syed - Adoptive Father present. Mrs. Tajunnihar Shafic Syed - Adoptive Mother present. Ms. Nooreen Shafic Syed - Adoptive daughter present in Chamber Mr. Dilip S. Gurav - Chamber Registrar present. ___________________________________________ CORAM : FARHAN P. DUBASH, J.

DATE : 25th MARCH 2026 ORDER:

1.

By this Indian Adoption Petition, the Petitioners are seeking adoption of the female Nooreen Shafic Syed (the said Adoptee) born on 13th January 2004. The Petitioners had filed Indian Guardianship Petition No. 111 of 2004 to declare themselves as Guardians of the said Adoptee pursuant to Missionaries

of Charity, Vile Parle West, Mumbai, proposing the said Adoptee in guardianship to the Petitioners. The Guardianship Petition was allowed by this Court vide its order dated 3rd November 2004. The Guardianship Order is on record.

2.

The present Adoption Petition is filed by the Petitioners as per the judgment dated 27th October 1999, in the matter of female minor Doreen Theresa D'Souza in Manual Theodore D'Souza 1999 SCC OnLine Bom 690. 3.

The Petitioners are Indian Nationals residing at Santacruz West, Mumbai, both aged about 59 years, having been married for the past 32 years on 12th September 1993, and have no biological children. The Memorandum of Marriage is on record. The Latest Family Photograph is also on record. In addition of the Petitioners' PAN and Aadhaar Cards, supportive financial documents, proof of residence, and proof of investment in the name of the said Adoptee are also on record.

4.

The Medical Fitness Certificate dated 11th January 2026 of Petitioner No. 1 is on record and it states that he is a known case of Type 2 Diabetes Mellitus (non-hypertension), and physically and clinically stable. The Medical Fitness Certificate dated 11th January 2026 of Petitioner No. 2 is on record and it states

that she is a known case of Essential Hypertension and is physically, clinically and medically fit.

5.

Petitioner No. 1 is a self-employed businessman, being proprietor of a bookshop, "Cinderella Books and Music Box Record Stores", and his income for Assessment Year 2025-26 is Rs. 4,73,040/-. His Chartered Accountant's Certificate and Income Tax Returns are on record. Petitioner No. 2 is working as a Manager with Reserve Bank of India, Mumbai Branch, and her gross monthly salary for January 2026 is Rs. 3,28,953/-. Her pay slips, Chartered Accountant's Certificate and Income Tax Returns are on record. 6.

The Home Study Report dated 11th February 2026 of Social Worker Ms. Clipsy Banji, B.A., M.S.W., PGPDM is on record. The report states that the Petitioners have consistently fulfilled their parental role towards the said Adoptee, and that they are mentally and physically fit and financially secure, and are motivated to continue providing a stable, loving and wholesome family environment for the said Adoptee.

7.

The Follow-up Report of the said Adoptee dated 11th February 2026 is on record. It states that the said Adoptee shares a close and affectionate bond with the Petitioners, communicates fluently in Marathi, English and Hindi, is currently pursuing her Third-Year Bachelor of Arts degree at Mithibai College,

Vile Parle, and appeared content and motivated to secure suitable employment upon completion of graduation.

8.

The said Adoptee's latest photograph, Aadhaar and PAN Card copies and consent to the adoption are on record. The Medical Certificate dated 11th January 2026 of the said Adoptee is on record and it states that she is physically and medically fit. The recommendation letters in support of adoption of the said Adoptee from close friends are on record. 9.

Mr. O. Hareendran, Scrutiny Officer, has tendered the Representation / Report of the Indian Council of Social Welfare, which is taken on record and marked "X" for identification. The Scrutiny Officer has recommended that the above points be considered before passing the final order. 10.

The said Adoptee along with the Petitioners were present for today's hearing. From the interaction with them, it appears that the said Adoptee is well adjusted, shares a close and affectionate bond with the Petitioners. The material on record, including the Home Study Report and Follow-up Report, indicates that the said Adoptee is well integrated into the adoptive family. 11.

In these circumstances, the Petition is allowed in terms of prayer clauses (a) to (c) of the Petition, which read thus:-

(a) That this Hon'ble Court may be pleased to declare the Petitioners as Adoptive Parents of the said female Nooreen Shafic Syed, under the guardianship of the Petitioners.

(b) That this Hon'ble Court may be pleased to condone the delay in filing the present Petition.

(c) That the concerned Municipal Authority/Birth Certificate issuing Authority may be directed to issue Birth Certificate in the name of the said female Nooreen Shafic Syed, born on 13/01/2004 and stating that thereon that the Petitioners as the parents of the said female Nooreen Shafic Syed.

12.

The Judge's Order is also accepted and separately signed. 13.

The Indian Adoption Petition is accordingly disposed of. (FARHAN P. DUBASH, J.) Shubham Gadhavepatil