BHAVI GAURANG VAISHNAV Vs. GOVT OF GUJARAT

JUDGEMENT

(1.) This Special Civil Application has been filed on behalf of a minor girl named Bhavi Gaurang Vaishnav, aged 3 years residing at 195, Kribhconagar, Surat through her adoptive parents Gaurang Kirtirai Vaishnav and Ms.Darshana Gaurang Vaishnav. While the girl Bhavi has been named as petitioner No.1 her adoptive parents are petitioners Nos.2 and 3.

(2.) The case with which the petitioners have come before this court is that petitioner No.1 was born to a woman who was a widow.The said widow handed over the custody of the petitioner No.1 to a social organisation named Shri Kasturba Stree Vikas Gruh, Jamnagar and it is this Vikas Gruh which gave her the name of 'Foram'. This female child named 'Foram' by the Vikas Gruh was kept in custody of Kokilaben Amratlal Dangi, Social Administrator of said Vikas Gruh and said Social Administrator was the guardian of the said child named 'Foram'.

(3.) While the said child named 'Foram' (petitioner No.1) was being brought up at the said Vikas Gruh, a couple -Gaurang Kirtirai Vaishnav and Ms.Darshana Gaurang Vaishnav approached the aforesaid organisation - Vikas Gruh to adopt the child. The said couple had married on 4.8.83 and even after number of years of their marriage they could not beget a child and after medical check up it was found that they may not get child even in future. On such approach being made by the aforesaid couple to the organisation - Vikas Gruh, as aforesaid, the Social Administrator of the said Vikas Gruh visited and inspected the house of the said couple and after inspection it was found that they were capable to adopt the child. It was decided to give the said girl, namely, Foram in adoption to the said couple and said couple agreed to take the female child 'Foram' (petitioner No.1) in adoption. The Social Administrator of the aforesaid Vikas Gruh,namely, Kokilaben Amratlal Dangi therefore moved a Civil Misc. Application No.3/98 in the Court of Extra Assistant Judge at Jamanagar seeking necessary permission for adoption of the aforesaid girl to the aforesaid couple and sought a declaration that the aforesaid organisation - Vikas Gruh was the guardian of the said girl 'Foram' and permission that she may be permitted to give said female child 'Foram' in adoption to the said couple. This Civil Misc. Application No.3/98 was allowed by the Extra Assistant Judge, Jamangar by his order dt.10.9.98 declaring that Shri Kasturba Stree Vikas Gruh, Jamangar the applicant Organisation was the guardian of the said minor female child 'Foram' (petitioner No.1) and the said organisation was also permitted to give this female child 'Foram' in adoption to Gaurang Kirtirai Vaishnav and Ms.Darshana Gaurang Vaishnav under the provisions of Hindu Adoption and Maintenance Act. After the aforesaid order dt.10.9.98 passed by the Extra Assistant Judge, Jamangar, the adoption deed dt.28.10.98 was executed by the guardian (as declared by the Court) of the aforesaid child and the adoptive parents duly witnessed by Shri N.V.Vyas, Advocate. It is also the case of the petitioners that the said female child, namely, 'Foram' was born on 2.7.96 at Irvin Group of Hospitals, Jamanagar and the adoptive parents renamed this girl 'Foram' as 'Bhavi' and the change of her name from 'Foram' to 'Bhavi' was also published through a notice in the Government Gazette Part-II dt. 26.11.98. In this notice of change of name, name 'Foram Gaurang Vaishnav' appears at Sr.No.84 and the changed name against the said name is "Bhavi Gaurang Vaishnav" with the address Gaurang Kirtirai Vaishnav, 195/Kribhco Nagar, Surat 394515. Thus, the petitioner No.1 had acquired a new name of 'Bhavi' instead of 'Foram'.