2023:BHC-AS:23594 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6461 OF 2023

1] Jeetendra Gorakhnath Singh, ]

Aged 43 years of Hindu, Indian ]

]

Inhabitant, Occupation Business.

]

2] Neetu Ojha Singh ]

Aged 41 years of Hindu, ] Indian Inhabitant, ] Occupation : Housewife, ] both residing at R/0700, Shipra ] Building,Khandelwal Lay Out, ] Evershine Nagar, ] Malad Link Road, ]

Mumbai – 400064. ] ..Petitioners.

Versus

1] Yash Suresh Malani, ]

Aged 25 years, ]

]

Hindu Indian Inhabitant, ]

Occupation : NIL.

]

2] Tanya Yash Malani ]

@ Tanya Hubert Arlappan ] Aged 30 years, Hindu, Indian, ] Occupation housewife, ] both residing at R/o : Flat No. 308, ] Mata Sagar Apartment, ] Section – 20, Ulhasnagar-3, ]

Thane – 421 002. ] ..Respondents.

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Ms. Sneha Phense, Ms. Savita Sawalkar and Ms. Gunjan Tamhane i/b Ajit Tamhane for the petitioner.

Ms. Edith Dey i/b Mikhanil Dey for respondents.

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Coram : Sharmila U. Deshmukh, J.

Reserved on : July 13, 2023.

Pronounced on : August 19, 2023.

Judgment :

1. Rule. Rule made returnable forthwith with the consent of parties and taken up for final disposal.

2. This is one of the unfortunate cases at the centre of which is a minor child aged 2 years. The petitioners are the adoptive parents and the respondents are the biological parents. The adoptive parents claim that the biological parents have given the child in adoption and have executed deed of adoption dated 16^th July 2021, which is disputed by the biological parents. The minor child is with the adoptive parents from the time he was two days old.

3. An Adoption Petition No.189 of 2021 was preferred on 18^th September 2021, which came to be rejected vide order dated 16^th March, 2022. The review preferred against the order of dismissal came to be rejected vide order dated 8^th March, 2023. Vide order dated 8^th March, 2023 passed in Miscellaneous Application No.137 of 2023 filed in Adoption Petition No.189 of 2021, the City Civil Court, Greater Mumbai directed the custody of minor child to be handed over to the biological parents. In the present petition, the dismissal of adoption petition, the dismissal of review petition and the order passed in miscellaneous application directing the handing over of custody of minor child has been assailed.

FACTS:

4. The facts of the case discernible from the material produced on record are as under:

. On 16^th July 2021, a document styled as “Deed of Adoption” came to be executed on a stamp paper of rupees one hundred, which was notarised. The deed bears the signatures of adoptive parents as well as the biological parents and as also the photographs of both sets of parents. There are no witnesses to the said deed. The recitals in the document read thus :

“1. Both the parties are agreed that since this deed of adoption the above said Child New Born Boy Baby will be known as New Born Boy Baby in the concerned record of the above Child in his future record and henceforth the Child will be known as New Born Boy Baby.

2. Both the parties declare that the second party will be Adoptive Father and all the rights of the child in respect of both the parties and inheritance in respect of personal and real estate of the second party.

3. The First party has no objection if the Adoptive Father will change the name of the said Child by way of Government Gazette as per Law and Procedure.

4. Biological parents undertake to be present before the Court for further decree, shall not evade the proceedings.

5. Biological parents shall not try to maintain contact or file any complaint before police.

6. The First party has maintained the Chile having responsibility of natural mother and liability of father and the Child requires the natural love and affection of father and the second party desirous to provide such and affection to the Child above mentioned.

7. All the parties declare that the Second parties desire to provide love and affection to the Child and he shall perform all the legal liabilities of father respectively