A Family Court Judge allowed a Foreign Adoption Petition for an 18-month-old minor female to be adopted by her uncle's couple from the USA. The adoption was approved by agencies in India and the US.
The Petition allowing the adoption was allowed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
903-FAP-67-2016.DOC
JSN
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
AND
IN ITS GENERAL AND INHERENT JURISDICTION JUDGE’S ORDER NO. 189 OF 2016
IN
FOREIGN ADOPTION PETITION NO. 67 OF 2016
Mr. Vipul Bharat Thakkar and Another…Petitioners
And
Mr. Vijay Kamlesh Nichaney and Another…Respondents
Mr. Rakesh Kapoor, for the Petitioner.
Mr. O. Hareendran, Scrutiny Officer of ICSW.
CORAM: G.S. PATEL, J DATED: 26th October 2016
PC:-
1.This is an unusual Foreign Adoption Petition. The minor is a
female named Tiyasha Nichaney. She was born on 7th April 2015
and is therefore, about 18 months old today. Her biological parents
are Mr. Vijay Kamlesh Nichaney and Suman Vijay Nichaney. They
live in Kharghar, Navi Mumbai. They are present before me today.
They have a son named Jai, who is today about 12 years old. What is
proposed is that Vijay and Suman Nichaney will give up their
daughter, the minor in question, in adoption to Suman’s sister Mrs.
Meenu Vipul Thakkar and her husband Vipul Bharat Thakkar. Vipul
and Meenu Thakkar are also present. The only reason for seeking
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26th October 2016
903-FAP-67-2016.DOC
this is that the Nichaneys had not planned on a second child. At the
same time, they are anxious to ensure that Tiyasha has the best
possible upbringing.
2.This is an understanding that both sets of parents have
arrived at. While this is an unusual, I do not think that it is for that
reason unsatisfactory or should be denied. In fact, I think it is
probably preferable that Tiyasha find good home within the family. I
will of course leave it to good sense of parents on both sides as to
whether or not to tell her of this adoption as she grows older. That
however is also not a reason to refuse this adoption.
3.The adoptive parents live in Edison, New Jersey, in the
United States. The adoption has been approved by agencies both
here and America. The 1st Petitioner Vipul was previously married.
He is divorced. He has no children by his previous marriage. He
works as the Chief Manager with ICICI Bank’s New York branch at
an annual salary of over US$ 1,09,479/-. The 2nd Petitioner Meenu
is a housewife. I have seen the financial documents, the child care
plan, and the home study reports. There is also letter from a friend
of the Thakkars agreeing to serve as lawful guardian of minor should
the need arise.
4.All the documents being in order, I will allow the Petition.
The Judge’s Order is separately signed.
5.Mr. Hareendran’s Scrutiny Report is taken on record and
marked “X” for identification.
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26th October 2016
903-FAP-67-2016.DOC
6.Mr. Kapoor tenders a compilation containing a divorce decree
and the original NOC from CARA. This is taken on record and
marked “X1” for identification.
(G. S. PATEL, J.)
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26th October 2016
Vipul Bharat Thakkar and Another
Vijay Kamlesh Nichaney and Another
G. S. Patel
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court