Bombay High Court
Rajeswari Madabushi vs Firoz Khan And 4 Ors on 28 February, 2024
Author: R.I. Chagla
Bench: R.I. Chagla
1-fap-l-184-2018.doc
Nikita
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
AND
IN ITS GENERAL AND INHERENT JURISDICTION
FOREIGN ADOPTION PETITION (L) NO.184 OF 2018
WITH
JUDGE'S ORDER (L) NO. 180 OF 2019
IN
FOREIGN ADOPTION PETITION (L) NO.184 OF 2018
WITH
INTERIM APPLICATION (L) NO.18330 OF 2023
IN
FOREIGN ADOPTION PETITION (L) NO.184 OF 2018
Rajeshwari Madabushi wife of late ...Petitioner
Ranga Madabushi
And
Firoz Khan and Ors. ...Respondents
----------
Mr. Manishankar Deshpande a/w Ms. Sapna Krishnappa for the
Petitioner.
Ms. Shehnaz V. Bharucha for Respondent Nos. 4 and 5.
Mr. O. Hareendran, Scrutiny Officer ICSW Present.
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CORAM : R.I. CHAGLA, J.
DATE : FEBRUARY 28, 2024.
ORDER :
1. Learned counsel appearing for the Petitioner has referred to the prior order dated 6 th July 2023, passed by this Court by which this Court had noted that CARA had been directed by order dated 19th December 2019 to take all necessary steps to register the minor child in official website so that it would enable the Petitioner to take steps for adoption of the minor child. CARA was accordingly directed to take necessary steps which is permissible in law in registering the child and to allot the child to the Petitioner so that legal adoption can be finalized in favour of the Petitioner.
2. Learned counsel appearing for the Applicant/Petitioner on that date stated that pursuant to the said order dated 19 th December 2019, and directions contained therein, CARA had refused to grant 'No Objection Certificate' (NOC). In view thereof, the Interim Application (st.) No.18330 of 2023 had been filed. By the said order dated 6 th July 2023, the Interim 2/4 ::: Uploaded on - 01/03/2024 ::: Downloaded on - 09/03/2024 12:53:20 ::: 1-fap-l-184-2018.doc Application was allowed and the Petitioner was permitted to amend the Petition as per Annexure to the Interim Application.
3. Thereafter, Petitioner has amended the Petition. However, the amended Petition is still to be served on Respondent Nos. 4 and 5. Further, the amendment Petition has not been served on the Amicus Curie appointed by this Court by the order dated 15th November 2019.
4. It is noted that, the Amicus Curie Ms. Dipal Mehta is not present today. The Petitioner shall serve the amended Foreign Adoption Petition on Respondent Nos. 4 and 5 as well as Amicus Curie Ms. Dipal Mehta forthwith.
5. Learned counsel for the Petitioner has submitted that the Petitioner has taken all requisite steps subsequent to the passing of the impugned order of CARA dated 4 th November 2020 by which 'NOC' was not granted for Adoption of the Petitioner of the said minor child Jahnavi. The complaints made against the Petitioner no longer remain on the file.
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6. The Petitioner shall place this on affidavit-in-support of the Petition, which shall be filed within three weeks from today.
7. The Foreign Adoption Petition shall be placed on 3rd April 2024.
8. Respondent Nos. 4 and 5 are at liberty to file affidavit-in-reply to the affidavit in support which is directed to be filed by the Petitioner within a period of one week thereafter.
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