IN THE BOMBAY CITY CIVIL COURT AT BOMBAY

ADOPTION PETITION NO. OF 2015

In the matter of Sec. 9(2) of the

Hindu Adoption and Maintenance
Act 1956.

AND

In the matter of Hindu Adoption and

Maintenance Act 1956

AND

In the matter of Adoption of Baby

Janhavi Rajesh Potdar Hindu.

AND

In the matter of Hindu Adoption of

Baby Janhavi Rajesh Potdar, Hindu,
Female, Aged about one month.

1. Mr. Ritesh Dilip Bhatia )

Age 36 years, Occupation )

Service in Muscat )

2. Mrs. Charusheela Ritesh Bhatia )

Age 36 years, Occupation Housewife )

Presently residing at Maratha Hospial)

Compound, Room No.EM X-9, Baithi)

Chawl, E.S. Patanwala Road, Byculla)

(E), Mumbai 400 027 )

 Permanent address in India is 4409 )

Shri Krishna Bhavan, Opp. Mira )

Datar Mandir, Near Ramalayam )

Hospital Nashik )

Maharashtra 422 003 ) .. Petitioners

And their Muscat Address : )

Flat No.41, Bldg. No.486 )

Way number 5001, Azaiba )

Sultanate of Oman )

Versus

1. Mr. Rajesh Kashinath Potdar )

Age 42 years, Hindu, Indian )

Inhabitant, occupation Business )

2. Mrs. Kavita Rajesh Potdar )

Age 32 years, Hindu, Indian )

Inhabitant, occupation House wife )

Residing at 1, Payal Society, Takle )

Nagar, Old Adgaon Naka )

Panchvati Nasik – 3 ).. Respondents

TO

THE HON’BLE PRINCIPAL JUDGE AND

OTHER HON’BLE PUISNE JDUGES

OF THE BOMBAY CITY CIVIL COURT

AT DINDOSHI.

MOST RESPECTFULLY SHEWETH:

1. The Petitioners are Hindus of sound mind governed

by the provisions of the Hindu Adoptions and Maintenance

Act, 1956. Under the said Act, the Petitioners have the

capacity and right to take a female minor in adoption. The

Petitioners have no female or male child living.

2. The Petitioners are aged about 36 years and 36

years respectively and Respondents are aged about 42

years and 32 years respectively. The Petitioner No.2 is the

real sister of Respondent No.1. The Petitioners married on

13th July 2005 as per Hindu right. Hereto annexed and

marked Exhibit-A is the copy of the Marriage Certificate.

3. The Respondents are also Hindus are also

sound mind, governed by the provisions of the Hindu

Adoptions and Maintenance Act, 1956. The Respondents

are married on 20-5-2005. The copy of affidavit is annexed

herewith and marked Exhibit-B.

4. The Petitioners state that they got married on

13th July 2005. Unfortunately there is no any issue, out of

the said wedlock despite of medical treatments. Hereto

annexed and marked Exhibit-C colly. are the copies of the

medical papers.

5. The Petitioners state that during the third

pregnancy of the Respondent No.2, the Petitioners and

Respondents mutually decided to adopt the child born to

the Respondents.

6. The Petitioners state that after they decided to

adopt the child of Respondents they came to know about

the pregnancy of Petitioner No.2. Hereto annexed and

marked as Exhibit-D is the copy of medical pregnancy test

paper of Petitioner No.2, accordingly, she is pregnant since

last … . months.

7. The Petitioner No.1 is well employed in ATE i.e.

Al Turki Enterprises L L C at Muscat as a Sr. SAP Basis

Consultant and his current salary is Basic RO 400 Plus

allowance RO 750 Exhibit-E is the copy of the salary

Certificate issued by Al Turki Enterprises L L C, Muscat.

Hereto annexed and marked Exhibit-F colly. are the copies

of PAN Card and Aadhaar Card and Exhibit-G is the copy

of Passport of Petitioner No.1

8. The Petitioner No.2 also has an Indian Passport.

Hereto annexed and marked Exhibit-H is the copy of

Passport of Petitioner No.2. Exhibit-I colly. are the copies

of PAN Card and Aadhaar Card of Petitioner No.2.

9. The Petitioner states that the Biological father

Mr. Rajesh Kashinath Potdar of the Minor child Janhavi is

the real brother of Petitioner No.2 and has cordial

relationship with Petitioners. The said Mr. Rajesh

Kashinath Potdar and Mrs. Kavita Rajesh Potdar have

three children viz.

(1) Atharva Rajesh Potdar

date of Birth 18-10-2006,

age 9 years

(2) Aarohi Rajesh Potdar

date of Birth 15-04-2010,

age 5 years and

(3) Janhavi Rajesh Potdar

date of Birth 11-05-2015,

 age 1 month 13 days.

as the Petitioners have no child of their own, the said Mr.

Rajesh Kashinath Potdar and Mrs. Kavita Rajesh Potdar,

out of their own wish and will have decided to give their

daughter Janhavi in adoption to the said Petitioners.

10. The said Mr. Rajesh Kashinath Potdar and Mrs.

Kavita Rajesh Potdar have formally given the custody of

the said minor daughter Janhavi to the Petitioners by a

ceremony conducted on 19th June 2015. Hereto annexed

and marked as Exhibit-J is the photograph of the said

ceremony.

11. The said minor Janhavi is born on 11-05-2015

at Panchwati, Nasik, Maharashtra. Hereto annexed and

marked Exhibit-K is the copy of the Birth Certificate of the

said minor Janhavi Rajesh Potdar.

12. The Petitioner No.2 has signed and executed her

consent dated . .. . . . . whereby she has expressed her No

Objection to the present adoption. Hereto annexed and

marked Exhibit-L is the copy of the said consent affidavit

by Petitioner No.2.
13. The Petitioners are presently residing at Byculla,

Bombay. Hereto annexed and marked Exhibit-M is the

copy of registered leave and license agreement.

14. The Petitioners state that they are physically

and mentally fit to take care or adopt the baby Janhavi.

The copy of the medical certificate is annexed hereto and

marked as Exhibit-N.

15. The Petitioners state that the Respondents are

physical and mentally fit to give the baby Janhavi in

adoption. The copy of the medical certificate is annexed

and marked as Exhibit-O.

16. The Petitioners state that the Respondents are

having no objection for the Petitioners adopting the said

minor. The consent of the Respondents for adopting the

said minor child is annexed and marked Exhibit-P. (Colly.)

17. The Petitioners state that they have also

undertaken to send follow up report and the same is

annexed and marked as Exhibit-Q.

18. The family photographs of the said Petitioners

and the said minor Janhavi and the photograph of

Respondents hereto annexed and marked as Exhibit-R

colly. are the photographs.

19. The Petitioners state that under the Hindu

Adoption and Maintenance Act 1956 the Petitioner is

entitled to adopt legally with the permission of the Hon’ble

Court as this child is a Hindu, as defined under section 2

(BB) of the said Act.

20. The Petitioners have not filed any of the petition

for adoption of the said child in any other court of law.

21. The Petitioners state that the adoption will be

entirely for the welfare of the minor as the Petitioners are in

a position to look after, educate and bring up the said

minor as their own child. The Petitioners further state

that Petitioners have not received or agreed to receive and

no person has made or given or agreed to given or make to

the Petitioners or any other person any payment or reward

in consideration of this adoption.

22. The Petitioners have fulfilled all the conditions

for the valid adoption, the Petitioners and all persons have
clear intentions to allow the said minor to continue to

reside in the Petitioners house.

23. The Petitioners state that this Hon’ble Court

have jurisdiction to entertain and try Petition as the parties

are from Mumbai.

24. The Petitioners state that they have paid the

requisite court fee on this Adoption Petition.

25. The Petitioners shall rely on a list of documents,

which is annexed hereto.

26. The Petitioners therefore prays that:

a) This Hon’ble Court be pleased to allow this Petition

and to declare the Petitioners as the natural

parents of the said minor daughter ` Janhavi’ by

granting necessary permission as contemplated

under Section 9(2) of the Hindu Adoption and

Maintenance Act, 1956 to adopt the said minor

child `Janhavi’;
b) This Hon’ble Court be pleased to declare that Mr.

Rajesh Kashinath Potdar and Mrs. Kavita Rajesh

Potdar will cease to have any right on the said

minor daughter `Janhavi’ shall be henceforth

recognised as a member of the Petitioners family

with all legal consequences thereof.

c) This Hon’ble Court be pleased to direct the office of

the Registrar of the City Civil Court, Bombay to

issue a separate Birth Certificate giving the names

of Mr. Ritesh Dilip Bhatia and Mrs. Charusheela

Ritesh Bhatia as the parents of the said `Janhavi’.

d) This Hon’ble Court be pleased to grant leave to the

Petitioners to apply to the Municipal authorities or

any other authorities to issue birth certificate of

the said minor Janhavi showing Mr. Ritesh Dilip

Bhatia and Mrs. Charusheela Ritesh Bhatia as the

parents of the said minor `Janhavi’.

e) Such other and further reliefs in the nature and

circumstances of this case as this Hon’ble Court

deems fit and proper.

AND FOR THIS ACT OF KINDNESS THE

PETITIONERS ARE SHALL FOR EVER PRAY.

 Mr. Ritesh Dilip Bhatia

Mrs. Charusheela Ritesh Bhatia

VERIFICATION

We, Mr. Ritesh Dilip Bhatia, Age 36 years,

Occupation Service in Muscat and Mrs. Charusheela

Ritesh Bhatia Age 36 years, Occupation Housewife

Presently residing at Maratha Hospial Compound, Room

No.EM X-9, Baithi Chawl, E.S. Patanwala Road, Byculla

(E), Mumbai 400 027 and having Permanent address in

India is 4409, Shri Krishna Bhavan, Opp. Mira Datar

Mandir, Near Ramalayam Hospital, Nashik Maharashtra

422 003 the Petitioners abovenamed do hereby solemnly

declare that what is stated on paragraphs No.1 to 10 are

true to our personal knowledge and para 11 onwards are

based on legal advise which we believe the same to be true

and correct.

Solemnly declare at Mumbai

This day of June 2015

Before me,

Advocate for Petitioners

 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY

ADOPTION PETITION NO. OF 2015

In the matter of Sec. 9(2) of the Hindu Adoption

and Maintenance Act 1956.

Mr. Ritesh Dilip Bhatia & Anr .. Petitioners

Versus
Mr. Rajesh Kashinath Potdar and Anr. .. Respondents

CONSENT AFFIDAVIT OF THE RESPONDENT NO.1

I, Mr. Rajesh Kashinath Potdar, age Age 42 years,

Hindu, Indian Inhabitant, Occupation Business, residing

at 1, Payal Society, Takle Nagar, Old Adgaon Naka

Panchvati Nasik – 3 do hereby solemnly affirm and state as

under:

1. I say that I married to Mrs. Mrs. Kavita Rajesh

Potdar on 20th May 2005 and from the said Wedlock my

wife gave birth to one female child by name Janhavi on 11-

5-2015.

2. I say that the Petitioner No.2 is my real sister,

she and her husband Petitioner No.1 got married on 13-7-

2005 out of the said wedlock they have no any issue. I

say that on account of advanced age and also despite of

medical treatment, there are no chances of having any

issue. I say that I and my wife agreed to give in adoption

our female child Janhavi to the Petitioners.

3. I say that I do not have any objections and I

fully consent to the Petitioners for taking the child Janhavi

in adoption and giving their name as mother and father.

4. I fully support the Petition herein. I and my wife

physically handed over the child to the Petitioners.

Whatever stated herein above is true and correct.

Advocate for Petitioner No.1 Petitioner No.1

VERIFICATION

I, Mr. Rajesh Kashinath Potdar, age Age 42 years,

Hindu, Indian Inhabitant, Occupation Business, residing

at 1, Payal Society, Takle Nagar, Old Adgaon Naka

Panchvati Nasik – 3 do hereby solemnly affirm and state

that what is stated herein above is true and correct to the

best of my knowledge and belief.

Solemnly affirmed at Mumbai

This day of June 2015

Respondent No.1

Identified by me,

Before me,

Advocate for Respondent