District North 24 Parganas

Before the Ld. District and Sessions Judge at

Barasat

Misc. Case no. /2022 (Adoption)

IN THE MATTER OF:-

An Application for Prayer for

Adoption of the minor SARFITA
PAUL under the provision of Hindu
Adoption and Maintenance Act,
1956

AND

IN THE MATTER OF:

TANMOY DAS S/O Ramprasad Das

aged about 35 years, by faith Hindu,
residing at Vill. Barbaria, P.O.
Somruk, P.S. Uluberia, District
Howrah, Pin – 711316

…Petitioner/Adoptive father

AND

SHYAMAL PAUL S/O Megh Lal Paul

residing at 67/46/N, Purbachal,
Nona Chandanpukur, P.S. Titagarh,
District North 24 Parganas.

… Consenting party/Biological
Father

AND

SANCHITA PAUL D/O Subal Paul

W/O Tanmoy Das permanently

Page 1 of 7
 residing at Vill. Barbaria, P.O.
Somruk, P.S. Uluberia, District
Howrah, Pin – 711316

… Consenting Party/ Adoptive

mother

The petitioner begs to submit as follows:-

1. That the petitioner is a bona fide citizen of India permanently

residing at the above mentioned address and a Hindu by religion.

2. That Shyamal Paul the Consentee/Biological father herein and

Falguni Paul Ghosh were the legally married husband and wife
and out of their wedlock a female child, named as Sarfita Paul, was
born on 16.12.2011. The copy of the birth certificate of the
adoptive minor, Sarfita Paul, is filed herewith as annexure ‘A’.

3. That subsequently said Falguni Paul Ghosh died on 11.04.2019

leaving behind her husband and her minor daughter namely,
Sarfita Paul. And at present only the biological father of said
Sarfita Paul is alive as her natural guardian. The death
certificate of Falguni Paul Ghosh is filed herewith as annexure
‘B’.

4. That at present said minor child Sarfita Paul is living with her
biological father at 67/46/N, Purbachal, Nona Chandanpukur,
P.S. Titagarh, District North 24 Parganas which is within the
jurisdiction of this Ld. Court. The copy of the Aadhaar card of
the adoptive minor, Sarfita Paul, is filed herewith as annexure
‘C’.

5. That at present the minor daughter Sarfita Paul is 10 years old.

6. That on the other hand the Tanmoy Das, the petitioner/Adoptive

father and the adoptive mother of the instant case, Sanchita Paul,
are legally wed husband and wife and their marriage was
solemnised on 18.11.2018 as per Hindu rites and customs and out
of their wedlock a male child, namely Subhamay Das, was born on
08.11.2020 and at present the said male child, Subhamay Das is

Page 2 of 7
 residing with her mother Sanchita Paul, at 9010 149 th ST APT 1B
Jamaica, NY 11435. The copy of the marriage certificate of the
petitioner and the adoptive mother, Sanchita Paul, is filed
herewith as annexure ‘D’.

7. That at present the petitioner herein, Tanmoy Das, is willing to

take adoption of the minor daughter of the consentee/adoptive
father, namely Sarfita Paul, in adoption and the biological father of
said minor child, Shyamal Paul has by accepting the said
willingness of the petitioner giving his consent to give adoption of
his daughter, Sarfita Paul, to the present petitioner, Tanmoy Das.
be it noted here that the biological father of the minor, Shyamal
Paul, is the uncle of the present adoptive mother, Sanchita Paul,
and he have all faith upon her niece.

8. That as the biological mother of the minor child, Falguni Paul

Ghosh, has died and the biological father of the minor is a railway
employee he have to stay out of his house most of the time and it
is not possible for him to look after his minor daughter properly
and at this situation it is impossible for the biological father of the
minor, Shyamal Paul, to look after and to fullfill all the needs of
daughter.

9. That on the other hand the petitioner after taking the minor child,
Sarfita Paul, in adoption is planning to take her to abroad for her
bright future and presently the petitioner and his wife are working
at Unik Waxing Salon & Skining Eyebrow threading at New York
which is their own business and earning at about Rs. 450000 per
month jointly which would sufficient to maintain himself, his wife,
his son and the adoptive minor who is sought to be taken in
adoption.

10. That the adoptive mother, Sanchita Paul, who is the wife of the
present petitioner has also the motherly feeling for the minor child,
Sarfita Paul, and Sanchita Paul have also a 2 years old male baby
and she is able to look after both her male child and the adoptive
child, Sarfita Paul, properly.

Page 3 of 7
11. That it is also pertinent to mention here that the date of birth of
the petitioner, Tanmoy Das, is 02.05.1987 and present 35 years of
age and the date of birth of the adoptive minor, Sarfita Paul, is
16.12.2011, and presently 10 years of age. Thus the difference of
age between the adoptive minor and the adoptive father is 25
years. The copy of the birth certificate of Tanmoy Das and
Sanchita Paul is filed herewith as Annexure ‘E’ series.

12. That the wife of the present petitioner, Sanchita Paul, that is the
adoptive mother have full consent of adoption of the adoptive
minor as sought to be taken by the petitioner and at present to
that effect she has sent an email to the present petitioner and said
Sanchita Paul is impleaded in the instant case as she is the
necessary party of the instant case for the purpose of giving the
consent of the adoption of the adoptive minor in the instant case.
The copy of the email as sent by Sanchita Paul to the present
petitioner Tanmoy Das is annexed herewith as annexure ‘F’

13. That the consent as given by the natural father of the adoptive
minor Shyamal Paul along with the prayer for taking adoption of
the adoptive minor by the petitioner and the consent by the
adoptive mother, Sanchita Paul, for taking the adoptive minor in
adoption by her husband are all unconditional consent and no
consideration amount or any kind of reward or gift is transferred
from any part for the purpose of prayer for adoption in the instant
case.

14. That there is no collusion being made in filing the instant case and
the instant case is made bona fide one.

15. That the present adoptive minor is not taken in adoption by any
other person and there is no other case is pending in any court of
law in India for taking adoption of the present adoptive minor,
Sarfita Paul.

16. That after disposal of the present case if your honour permit the
present petitioner to take adoption by the natural father of the

Page 4 of 7
 minor the child to be adopted shall be actually given and taken by
the natural father to the adoptive father.

17. That present petition has been filed only for the benefit and welfare
of the adoptive minor, Sarfita Paul.

18. That the cause of action for filing the instant case have arose on
20.09.2022 when the petitioner have shown his will to take
adoption of the adoptive minor, Sarfita Paul, and having the said
offer the biological father of the adoptive minor, Shyamal Paul,
have unconditionally accepted to give her daughter Sarfita Paul to
give adoption for the present petitioner who is presently residing at
67/46/N, Purbachal, Nona Chandanpukur, P.S. Titagarh, District
North 24 Parganas which is within the jurisdiction of this Ld.
Court.

19. That the Court fee of Rs. 100 has filed by the present petitioner.

Hence it is prayed that your honour would

graciously be please to pass an order to
give permission to the biological father of
the Adoptive minor, Shyamal Paul, to give
adoption of her daughter, Sarfita Paul, to
the present petitioner, Tanmoy Das, and
also grant permission to the present
petitioner to take adoption of the adoptive
minor, Sarfita Paul and/or to pass any
other order/orders as your honour may
deem fit and proper.

Page 5 of 7
 Verification

I, TANMOY DAS S/O Ramprasad Das aged about 35 years, by faith

Hindu, residing at Vill. Barbaria, P.O. Somruk, P.S. Uluberia, District
Howrah, Pin – 711316, being the petitioner of the present petition have
gone through the above mentioned paras and knowing the same true to
best of my Knowledge have signed this verification in the Barasat Court
premises on __________.

Deponent

Affidavit

I, TANMOY DAS S/O Ramprasad Das aged about 35 years, by faith

Hindu, by Occupation service, residing at Vill. Barbaria, P.O. Somruk,
P.S. Uluberia, District Howrah, Pin – 711316, do hereby solemnly affirm
as follows:-

1. That I am the petitioner of the instant case and well conversant of

the facts of this case. ….this is true to my Knowledge.
2. That the statements made in the above paras are true to best of my
Knowledge, faith and information and I sign this affidavit in the
Barasat Court premises on

Deponent,

Identified by me

Advocate

Page 6 of 7
 Affidavit

I, SHYAMAL PAUL S/O Megh Lal Paul, aged about ____ years, by faith
Hindu, By Occupation service, residing at 67/46/N, Purbachal, Nona
Chandanpukur, P.S. Titagarh, District North 24 Parganas, do hereby
solemnly affirm as follows:-

1. That I am the biological father of Sarfita Paul and well conversant

of the instant case. ….this is true to my Knowledge.
2. That the statements made in the above mentioned paras are true
to best of my Knowledge, faith and information and I sign this
affidavit in the Barasat Court premises on

Deponent,

Identified by me

Advocate

Page 7 of 7