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Judgments of Supreme Court of India and High Courts

Mohd. Yasin Husain Mansuri And … vs Javed Usman Mansuri And Salma … on 19 December, 2018

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION

IN ITS GENERAL AND INHERENT JURISDICTION

JUDGE’S ORDER NO.246 OF 2018
IN
INDIAN GUARDIANSHIP PETITION NO.29 OF 2018

In the matter of appointment of
guardian of female minor FAIZA
MOHD. YASIN MANSURI – aged
about 3 years 4 months under
Guardians and Wards Act, 1890.

Mohd. Yasin Husain Mansuri and
Fatimabai Mohd. Yasin Mansuri )…Petitioners
V/s.
Javed Usman Mansuri and
Salma Javed Mansuri )…Respondents.

Mr.Rakesh Kapoor for petitioners.

Mr.O.Hareendran, Scrutiny officer, ICSW present.

CORAM : K.R.SHRIRAM,J
DATE : 19.12.2018

P.C.:-

1 This is a petition for adoption of one female minor

Faiza, born on 21/08/2015 who is the biological daughter of

Respondents Mr. Javed Usman Mansuri and Mrs. Salma Javed

Mansuri. The said minor Faiza is the third child of Respondents as

they already have two older children, a daughter aged about 14 years

old and a son aged about 7 years and a younger child a son aged

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about 2 years, respectively. The said minor Faiza was handed over to

Petitioners above-named since her birth for her better future and

ultimate welfare and well-being. Petitioners and Respondents are

close relatives i.e. the biological Father is the younger brother of Mrs.

Fatimabai Mohd. Yasin Mansuri, the second Petitioner herein. The

Consent Affidavit of birth of parents, i.e., Respondents is on record.

The Birth Certificate of the minor issued by the Municipal Corporation

of Greater Mumbai is on record.

2. Petitioners are Indian nationals residing at Pydhonie, Mumbai,

aged about 49 and 46 years, respectively, have been married for the

past 16 years i.e. on 14/03/2002 with no biological children.

3. The Health/fitness Certificates dated 10/10/2018 of Petitioners is

on record and it states, “they are physically and mentally fit”. Their

HIV HBsAg test Reports certifies the case as Negative.

4. The First Petitioner is self-employed (business of second hand

dealers of hydraulic motor valves at Kurla, Mumbai) and his monthly

income is Rs. 30,000/- as per Income Affidavit. His wife is a

Housewife.

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5. The proof of residence/property, copy of Aadhar Card, bank and

other financial documents are on record.

6. The home study report dated 18/10/2018 issued by Ms. Clipsy

Banji, BA, MSW, PGPDM states that the couple is medically fit and

healthy, although Yasin has a slight hearing impediment, it does not

hinder his day to day functioning. They earn a very decent income and

have no major loans or liabilities. They also have good support from

their family members in the decision to adopt Faiza. After all

assessment, the Social Worker recommended the couple Mr. and Mrs.

Yasin Mansuri as suitable adoptive parents.

7. There is a Notarized undertaking dated 12/10/2018 by the brother

and sister-in-law of the second Petitioner residing at Mumbai to look

after the proposed minor in case of any mishap to the Petitioners.

8. The health report of the proposed minor Faiza dated 10/10/2018

states “She is physically and mentally sound and fit”. The Post card

Size Photograph of the minor is on record. The consent and

undertaking by petitioners is also on record.

9. I have considered the petition, annexures thereto and the report

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dated 8.12.2018 of the |Scrutiny officer of Indian Council of Social

Welfare (ICSW) which is taken on record and marked “X” for

identification.

10. Documents being in order, Petition allowed. Judge’s order signed

separately.

(K.R.SHRIRAM,J)

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